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Serious Crime Bill [HL]

I believe it is. We have looked at this issue very carefully. I have not hesitated to agree with the concerns expressed by a number of noble Lords, both at Second Reading and today, that these orders have to be proportionate; they have to be clearly targeted and used with care and attention. For that reason, the High Court of England and Wales will be entrusted with this task. I know that noble Lords will have felt a great deal of confidence, as I have, in the rigour and vigour with which our courts have scrutinised these provisions. It will be for the court to determine whether either ground A or ground B has been made out. It will be for the Serious Organised Crime Agency, which asserts that that is necessary, to prove to the satisfaction of a High Court judge that the same is indeed necessary. I believe that that will be quite a high benchmark for the agency to reach. If it reaches it, the court will have had to be satisfied that there are, "““reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales””." If the applicant fails to satisfy the court to the appropriate standard, an order cannot be made.