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Ken Clarke - Renzo and Joe

Jun. 29th, 2011

09:55 am - Ken Clarke

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Just heard Ken Clarke being interviewed on the BBC Radio 4. His comments on the Milly Dowler case show a clear understanding that while the outcome is unfortunate in the circumstances, that the proper processes of law were followed, and that abandoning them would leave would leave our justice system damaged.

The one area where I disagree with Ken is with respect to the need to modify the law with respect to the ability to protect one's own property. It is my understanding that that right exists provided that "reasonable" force is exercised. So I am unclear as to why the law needs to be changed except to win favour with the Tory tabloid press.


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Date:June 29th, 2011 12:02 pm (UTC)
I think that in practice because the issue is whether force is reasonable that means an arrest is made, questions are asked, the cps make a decision and them it can go to trial.

The householder will almost certainly get off but the machinery of state is brought to bear nevertheless. A slight shift in presumption might see a reduction in that.

I'm really not sure I approve of stabbing burglars but under current law that's probably not reasonable force.
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