Tom Little, led by Clare Montgomery QC, acting on behalf of the Secretary of State for Justice have succeeded in the Divisional Court in resisting a public law challenge to section 76(5A) of the Criminal Justice and Immigration Act 2008.
In a judgment handed down today Sir Brian Leveson, the President of the Queen’s Bench Division, has ruled that the statutory provisions do not materially extend the ambit of the law of self-defence and do not breach the Article 2 ECHR rights of burglars.
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