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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Wednesday, 25 April 2007. It occurred during Debate on bill on Serious Crime Bill [HL].


Serious Crime Bill [HL]

My Lords, I am most grateful to the Minister for giving me that comprehensive reply, but it does not satisfy me, as it does not recognise the criminal nature of the proceedings. The whole purpose of the rule against hearsay is to prevent people being convicted on evidence that they cannot actually cross-examine. Hearsay means that the person on whose statement the prosecution relies cannot be cross-examined or questioned. It is apparent that under the provisions of the Bill it would be possible for a police officer, for example, or a member of the investigatory services to go into the witness box and say, ““I was told this by X””, and there is no way in which to challenge that. The consequences on the individual facing the order are, nevertheless, severe:he can be subjected to a serious crime prevention order, which has the potential for enormous restrictions on his freedom of communication, travel and everything else. Whereas the House of Lords was prepared to accept hearsay evidence for anti-social behaviour orders, we are in a completely different league here. It is for that reason that I seek the opinion of the House on this issue. On Question, Whether the said amendment(No. 37) shall be agreed to? Their Lordships divided: Contents, 43; Not-Contents, 115. Clause 34 [Proceedings in the High Court]: [Amendment No. 38 not moved.]


Secondary information

Type
Proceeding contribution
Reference
691 c710 
Session
2006-07
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Admissibility of evidence Criminal proceedings Crime prevention Crime Companies Civil proceedings Aiding and abetting Electronic surveillance Evidence Intelligence services Firearms Judiciary Liability Learning disability Judgements Inchoate offences Northern Ireland Offensive weapons Lord Chancellor's Department Mental health Terrorism Security Wales Serious Organised Crime Agency High Court Serious crime prevention orders
Legislation
Serious Crime Bill (HL) 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk