(1)This section applies where—
(a) a person (“the claimant”) claims that another person (“the defendant”) did an act amounting to trespass to the claimant’s person, and
(b)the claimant has been convicted in the United Kingdom of an imprisonable offence committed on the same occasion as that on which the act is alleged to have been done.
(2)Civil proceedings relating to the claim may be brought only with the permission of the court.
(3)The court may give permission for the proceedings to be brought only if there is evidence that either—
(a)the condition in subsection (5) is not met, or
(b)in all the circumstances, the defendant’s act was grossly disproportionate.
(4)If the court gives permission and the proceedings are brought, it is a defence for the defendant to prove both—
(a)that the condition in subsection (5) is met, and
(b)that, in all the circumstances, his act was not grossly disproportionate.
(5)The condition referred to in subsection (3)(a) and (4)(a) is that the defendant did the act only because—
(a)he believed that the claimant—
(i)was about to commit an offence,
(ii)was in the course of committing an offence, or
(iii)had committed an offence immediately beforehand; and
(b)he believed that the act was necessary to—
(i)defend himself or another person,
(ii)protect or recover property,
(iii)prevent the commission or continuation of an offence, or
(iv)apprehend, or secure the conviction, of the claimant after he had committed an offence;
or was necessary to assist in achieving any of those things.
(6)Subsection (4) is without prejudice to any other defence.
[F734 (7)Where—
(a)a person is convicted of an offence under section 42 of the Armed Forces Act 2006 (criminal conduct), and
(b)the corresponding offence under the law of England and Wales (within the meaning given by that section) is an imprisonable offence,
he is to be treated for the purposes of this section as having been convicted in the United Kingdom of that corresponding offence; and in paragraph (a) the reference to conviction includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction.F734]
(8)In this section—
(a)the reference to trespass to the person is a reference to—
(i)assault,
(ii)battery, or
(iii)false imprisonment;
(b)references to a defendant’s belief are to his honest belief, whether or not the belief was also reasonable;
(c) “court” means the High Court or [F735 the county court F735] and
(d) “imprisonable offence” means an offence which, in the case of a person aged 18 or over, is punishable by imprisonment.
721.Section 329 makes new provision about cases where a person who has been convicted of an imprisonable criminal offence takes civil action for damages for trespass to the person against the victim of the offence or against a third party who has intervened, for example to protect the victim or to protect or recover property.
722.Subsection (1) set out the circumstances in which the section will apply. These are where the person bringing the civil action (the claimant) claims that the defendant did an act amounting to trespass to his or her person; and where the claimant has been convicted in the United Kingdom of an imprisonable offence committed on the same occasion as that on which the defendant's act is alleged to have been done.
723.Subsection (2) provides that in these circumstances proceedings may only be brought with the permission of the court.
724.Subsection (3) sets out the only circumstances in which the court may give permission for the proceedings to be brought. These are if there is evidence that the condition set out in subsection (5) is not met, or if there is evidence that in all the circumstances the defendant's act was grossly disproportionate.
725.Subsection (4) provides that if the court does give permission and the proceedings are brought, the defendant will not be liable if he can prove that the condition set out in subsection (5) is met, and that in all the circumstances his act was not grossly disproportionate.
726.Subsection (5) sets out the condition referred to in subsections (3) and (4). This is that the defendant only did the act amounting to trespass to the claimant's person because he believed that (a) the claimant was either about to commit an offence, in the course of committing an offence, or had committed an offence immediately beforehand; and (b) the act was necessary to defend himself or another person; protect or recover property; prevent the commission or continuation of an offence; apprehend or secure the conviction of the claimant after he had committed the offence; or that the act was necessary to assist in achieving any of those things.
727.Subsection (6) ensures that the defence available to the defendant under subsection (4) does not prejudice his ability to rely on any other defence.
728.Subsection (7) ensures that the provisions of the section apply where members of the armed forces are found guilty of equivalent offences under the terms of the services Acts.
729.Subsection (8) defines various terms used in the section. Paragraph (a) provides that "trespass to the person" comprises assault, battery, or false imprisonment; paragraph (b) provides that references to the defendant's belief are to his honest belief, whether or not it was also reasonable; paragraph (c) provides that "court" in proceedings under this Section means the High Court or a county court; and paragraph (d) defines "imprisonable offence" as an offence which in the case of a person aged 18 or over is punishable by imprisonment.