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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Tuesday, 17 January 2006. It occurred during Debate on bill on Terrorism Bill 2005-06.


Terrorism Bill

My Lords, I shall have a word with the accompanist later. My point is that it is obviously incumbent on a defendant to raise the defence. He has to say, ““I did not see it”” or ““I did not endorse it””, but once he has done that the burden of proving a serious criminal offence should, as in the generality of cases, rest on the prosecution, which would have to either discredit him by cross-examination or produce evidence to rebut the defence he was seeking to put forward. It would then be for the jury to decide. As it stands, with the burden being placed on the defendant, these alleged defences are not real or acceptable defences at all.


Secondary information

Type
Proceeding contribution
Reference
677 c641-2 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Databases Crime Incitement Internet Journalism National security Organised crime Publications Terrorism Surveillance Telecommunications Training Cryptography Encouragement of terrorism
Legislation
Terrorism Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk