Serious Crime Bill [HL]

My Lords, with the greatest respect, that indicates the problem. I hope that I am not baffling your Lordships by what I am saying. Clause 46 states: "““A person is not guilty of an offence under section 40 or 41 if he proves—""(a) that he believed certain circumstances to exist;""(b) that his belief was reasonable; and""(c) that it was reasonable for him to act as he did in the circumstances as he believed them to be””." It follows that the question is not what he thought was reasonable but what was objectively reasonable in the circumstances as he believed them to be. This is not subjective; it is objective, and it is objectionable. However, I shall leave it to the courts to determineat some future date. I am sure that there will be considerable litigation—I never object to that. Accordingly, I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 41 [Encouraging or assisting offences believing one or more will be committed]: [Amendment No. 44 not moved.]