Serious Crime Bill [HL]

moved Amendment No. 59: 59: Clause 45, leave out Clause 45 The noble Baroness said: My Lords, government Amendments Nos. 59 to 62 make changes to the defences available to offences contained in this part. Part 2 currently contains two defences. These were recommended by the Law Commission. The first is in Clause 45 and would apply where a person claims to have acted to prevent an offence or to prevent or limit harm. He must also show that it was reasonable to have acted in that way. The second defence is in Clause 46 and would apply where a person claims that his act was reasonable in the circumstances as he knew or believed them to be. Currently, the defence of crime prevention, or prevention or limitation of harm, is a defence to all the offences in Part 2; the reasonableness defence is a defence only to the offences committed with belief. We have looked at the defences closely and believe that it would be simpler to provide one defence to all the offences in the Bill. We therefore propose that it should be a defence to all the offences in Part 2 if the defendant can show that his act was reasonable in the circumstances. That might be because he acted to prevent a crime or to limit harm, but it might be for another reason. For example, a person might commit an act capable of encouraging or assisting an offence to expose wrongdoing or for any other reason. I hope that that explanation will find favour with the House and I beg to move.