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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Monday, 5 December 2005. It occurred during Committee of the Whole House (HL) and Debate on bill on Terrorism Bill.


Terrorism Bill

I congratulate the Government on thinking again on the definition of ““recklessness””. I look forward with great eagerness to the Minister’s response on this at a later stage. I follow the noble and learned Lord, Lord Morris of Aberavon, in his question. The purpose of using the word ““would”” instead of ““it is likely to”” is to introduce more certainty into the offence. The answer given by the Minister is along the lines of, ““It is easier to convict someone if we say ‘it is likely to’””. The criminal law is not about whether it is easier or harder to convict: it is about defining clearly an offence. The proof of that offence beyond reasonable doubt is then a matter for the prosecution to consider in due course. But we cannot make bad law by making criminal law simply on the basis that a conviction is more likely than not. I hope that we are not going to hear any further defences of the Government’s drafting of these crimes as this Committee proceeds.


Secondary information

Type
Proceeding contribution
Reference
676 c426 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Common law Evidence Incitement Libraries Internet Prosecutions Publications Terrorism Research Speeches Academic freedom Encouragement of terrorism
Legislation
Terrorism Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk