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Proceeding contribution from Lord Kingsland (Conservative) in the House of Lords on Wednesday, 7 December 2005. It occurred during Committee of the Whole House (HL) and Debate on bill on Terrorism Bill.


Terrorism Bill

I am going to make a slightly different point from the noble Lord, Lord Thomas of Gresford, but it is within the same sphere of interest. It is true, as the Minister says, that, as a consequence of the issue of the notice, the person to whom it was issued need not comply; but that puts a severe onus on that person. If that person does not comply, and carries on because he thinks that what is in the statement is perfectly innocent, he deprives himself of the defences under Clause 1(7), as the Minister said earlier in a slightly different context. Who is going to be prepared to take that risk—especially in circumstances where the overall responsibility for deciding whether prosecutions are made lies in the hands of the DPP? I respectfully submit that this is a wholly appropriate situation where a judge should be engaged before a notice is issued. The Minister said that this would delay the process, but that is true wherever a judge is involved, whether in matters of the Internet or general criminal procedure. The fact that going to the judge delays matters is, in my submission, neither here nor there. The question is whether a judge should be involved, and in our view—I share entirely the opinion of the noble Lord, Lord Goodhart—a judge must be involved.


Secondary information

Type
Proceeding contribution
Reference
676 c678 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Crimes of violence Crimes against property ICT Jurisdiction Incitement Fines Libraries Internet Journalism Police Prosecutions Publications Sentencing Universities Terrorism Training Research Students Academic freedom Propaganda Encouragement of terrorism Bookshops
Legislation
Terrorism Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk