Serious Crime Bill [HL]

My Lords, I disagree with the noble Baroness, Lady Anelay, that the passing of these amendments would nullify Part 1. These Benches would have no objection to an order of this type being introduced in circumstances where a person had been convicted of a criminal offence of a like nature to that which the order is designed to prevent in future, but that is not the purpose of the SCPO that is proposed here. The Government had an idea some years agothat it would be rather a good thing to avoid the protections and guarantees of a fair trial contained in Article 6 of the European Convention, which they themselves made part of the law of this country. In order to do that, they say that these are to be civil orders requiring a civil standard of proof, and permitting the introduction of hearsay evidence in a way which would violate Article 6.1 protections in relation to a fair trial of a criminal offence. It is true that, when it considered the effect of an ASBO, the House of Lords determined that the court could not make an order of that nature unless the criminal standard of proof was applied. If orders are made under Part 1, I have not the slightest doubt that the first thing that will happen is that an application will be made to the court and, if necessary to the Court of Appeal and beyond, to make it absolutely clear that the criminal standard of proof of involvement in a serious crime is a necessary precondition of making an order of this sort. We seek to avoid the necessity of future litigation of this type, which can have only one result, and to put in the Bill the requirement that the involvement in serious crime must be proved beyond reasonable doubt. If it is not in the Bill, the courts will very quickly seek to put it there. So, far from removing Part 1, or its effect, as the noble Baroness, Lady Anelay, suggested, we would be in exactly the same situation in any event. Indeed, I imagine that isthe precise answer that the noble Baroness, Lady Scotland, will give us—that it is unnecessary to have this amendment because of the McCann decision and that when these orders are considered by the highest court of the country the criminal standard of proof will be required in any event. Why do we have to go through that process? I support the amendment and I hope that the Conservative Benches will supportit too.