Skip to main content

Proceeding contribution from Lord Goodhart (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 am sorry to come back on that, but I understand that as a general rule when a specific defence is provided, as it is in subsection (7), the burden is on the defendant to prove his defence on the balance of probabilities. However, there are occasions—under the Terrorism Act 2000, for example—where that burden is reduced to an evidential burden; that is, as long as evidence is produced sufficient to raise it as an issue, it then becomes a burden on the prosecution to disprove that defence beyond a reasonable doubt.


Secondary information

Type
Proceeding contribution
Reference
676 c431 
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