Serious Crime Bill [HL]

I understand why the noble Lord has tabled these amendments, but we do not think that they are necessary. Clause 10 already provides the certainty we need because the Bill is very clear that a person subject to an order is to be bound by it. Clause 10—as I think the noble Lord, Lord Henley, has identified—provides that the subject of an order is only bound by it in one of two circumstances. The first circumstance is when he is represented at the hearing where the order is made or varied—and that can be in person, through a person's solicitor or some other form of representation; the second is where a notice setting out the terms or the variance of the order has been served on the person. That can be either by delivery in person or recorded delivery to the person's last address. Noble Lords will know that this is a familiar form and consistent with the High Court procedure rules. It is important, therefore, to look at this clause alongside Clause 25(1), which states that breach of the terms of an order is only a criminal offence where there is no reasonable excuse for the breach. If the subject did not know the terms of the order, he is likely to have had a reasonable excuse. To require the applicant authority to show that the subject of the order has deliberately absented himself from the procedure, as proposed by Amendment No. 74, is unnecessary. Therefore we cannot accept it. What is important is whether the subject knew of the terms of the order. If he did not, the defence in Clause 25(1) will apply. We believe that Amendment No. 75 is also unnecessary, for the same reason. It will be important to allow law enforcement to effect service in some other way than in person. Unsurprisingly, such people will often try to avoid law enforcement. Again, if the person can show that he did not know the terms of the order through a failure in the service, the defence in Clause 25(1) will apply. For those reasons, we believe that the provisions in the amendments are unnecessary, but I hope that I have been able to clarify why we believe that that is so. Any application to the High Court would be bound by the Supreme Court rules that apply to each and every application made before the High Court.