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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Wednesday, 7 March 2007. It occurred during Committee of the Whole House (HL) and Debate on bill on Serious Crime Bill [HL].


Serious Crime Bill [HL]

I had not realised that there was a reverse burden of proof in subsection (1)(b). The Bill certainly does not make it clear that the onus is on the defendant to prove that there are no reasonable grounds to believe that the order will protect the public. I had read it on the assumption that it would be for the prosecution, or the authority that brought the matter before the High Court, to establish that there were reasonable grounds. Now, we hear something completely different and even more in breach of the European convention. We are not talking about stopping people going to football matches; we are talking about confining people to their homes, preventing them from using their assets—


Secondary information

Type
Proceeding contribution
Reference
690 c247 
Session
2006-07
Chamber / Committee
House of Lords chamber
Subjects
Civil liberties Criminal proceedings Crime prevention Crime Assets Assets Recovery Agency Immigration Large goods vehicles Serious Organised Crime Agency High Court House arrest Serious crime prevention orders Freezing of assets People smuggling
Legislation
Serious Crime Bill (HL) 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk