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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 support the amendment, and want to make a simple point. I have already quoted from another judgment in the case of G. Your Lordships should bear in mind the fact that 20 years passed between the case of Caldwell and G, during which the law took a wrong turn. In that 20 years recorders and judges throughout the country summed up to a jury on the basis of the law as wrongly laid down in Caldwell. It is inevitable that people went to prison who would not have gone to prison if the proper principles had been stated in the Caldwell case. For 20 years, the law took a wrong turn. I hear the Minister say that it is with the deepest regret that we move from the objective to the subjective test and that they are making a great concession. If they did not make that concession, it would have been a disgrace.


Secondary information

Type
Proceeding contribution
Reference
676 c463 
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