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Serious Crime Bill [Lords]

I am grateful to my hon. and learned Friend for his assistance. The concerns about the measures, which blur the boundary between the civil and the criminal law, enabling criminal sanctions to follow from doing something that is not in itself a crime, have not just been expressed by the civil liberties organisation Liberty, the advice of which the Minister sought to discredit. They have also been expressed by the Law Society, which said:"““We fear the proposed orders are a measure of expediency to deal with cases where a prosecution is not possible because there is insufficient evidence””." The Minister made great play of the fact that the measures are not punitive, but as the House will know, it has become common for ASBOs to be used as an easier alternative to criminal prosecution, because it is more straightforward to collect and rely on hearsay evidence than to assemble the necessary evidence to secure a criminal conviction.