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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, if the prosecution proves the ingredients of the offence asit stands, the defendant will be found guilty, even though he personally believed at all times that he was acting reasonably. Under Clause 46, his subjective view is neither here nor there; he needs to go beyond proving that he thought that what he was doing was perfectly reasonable. In the eyes of the judge or jury trying him, he has to establish that it was objectively reasonable for him to act in the way that he did. We are imposing a significant criminal liability—

Secondary information

Type
Proceeding contribution
Reference
691 c718 
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