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Serious Crime Bill [HL]

We think that those issues are covered by the reasonableness provision. In relation to the acts complained of, the defence is very clear. The Bill provides that a person has been involved in serious crime if he, "““has conducted himself in a way that is likely to facilitate the commission by himself or another person of a serious offence””." The issue is set out clearly. The reasonableness provision covers the issue that the noble and learned Lord has identified. The court would have to be satisfied that the reasons put forward by the individual were not reasonable. All the issues mentioned by the noble Baronesses, Lady Anelay and Lady Carnegy, would fall within the confines of that provision and the court could look at those issues. However, the court would not need to look at whether an individual had the mental element necessary for the commission of what would be a serious offence as a secondary party, although it would need to ensure that they did not have a reasonable excuse.