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Except for all the times that happened – like when the High Court ruled that this passage of the Crime and Courts Act 2013 (amending section 76 of the Criminal
by wizzwizz4 3y ago
Except for all the times that happened – like when the High Court ruled that this passage of the Crime and Courts Act 2013 (amending section 76 of the Criminal Justice and Immigration Act 2008: marked F3 and F4), creating a new category of “grossly disproportionate force”:
> [F3 (5A) In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.]
> (6) [F4 In a case other than a householder case,] the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances.
does not “give householders carte blanche in the degree of force they use against intruders in self-defence” (ref: https://www.bbc.co.uk/news/uk-43652308 https://www.bbc.co.uk/news/uk-43652308) – in essence, making the legal situation basically the same as before this amendment was made. (Apparently the lawmakers didn't quite understand how a “self-defence” legal defence worked in court, when they were writing this one up.) As I understand, as of the ruling, there's no legal distinction between “disproportionate force” and “grossly disproportionate force”.
Sure, the High Court didn't overturn it… except for the part where they basically did. They also “quashed with prospective effect” an amendment to primary legislation (the Copyright Designs and Patents Act 1988) made by a statutory instrument (The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014). There are many other instances of primary legislation on the books that manifestly say one thing, but that according to the High Court mean something different.
- deleted 3y ago[deleted]
- omnicognate 3y agoYes, and I believe the authority of courts to do such things hinges on the difference between "legal sovereignty" (which parliament has) and "political sovereignty" (which it does not). Long article on that here [1] which I'm still reading. [1] https://ukconstitutionallaw.org/2021/10/18/michael-foran-parliamentary-sovereignty-and-the-politics-of-law-making/ https://ukconstitutionallaw.org/2021/10/18/michael-foran-par...