Serious Crime Bill [HL]

My Lords, it is both. The whole point is that, to persuade the court to make this order, one has to persuade it of both limbs; they are conjoined. First, one has to satisfy the court to the appropriately high standard on limb 1; if the court is so satisfied, it has to turn to limb 2, which is an issue of judgment. The process through which the court will undertake that exercise will be part of the civil process. The noble and learned Lord, Lord Lloyd of Berwick, accepts—as, I understand, does the noble and learned Lord, Lord Mayhew—that one simply could not apply the standard of ““beyond reasonable doubt”” to the second limb. If one looks at the amendment simpliciter, one would have to have ““beyond reasonable doubt”” for the first limb and a balance of probabilities for the second.