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UNDERSTANDING THE “HOUSEHOLDER DEFENCE”: PROPORTIONALITY AND REASONABLENESS IN DEFENSIVE FORCE

Published online by Cambridge University Press:  05 July 2016

Mark Dsouza
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Extract

IN Collins v Secretary of State [2016] EWHC 33 (Admin), the High Court refused to declare that Criminal Justice and Immigration Act 2008, s. 76(5A) – the so-called “householder's defence” – was incompatible with the right to life enshrined in Article 2 of the ECHR, in that it failed to protect the lives of attackers sufficiently. Section 76(5A) was inserted into the 2008 Act by Crime and Courts Act 2013, s. 43, and came into force in April 2013.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 75 , Issue 2 , July 2016 , pp. 192 - 196
Copyright
Copyright © Cambridge Law Journal and Contributors 2016 

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