I am not sure that that is the case. If we specified in the Bill that the judge must be satisfied beyond reasonable doubt, that could cast doubt not only on the burden of proof, but on the integrity of all other sentencing provisions. Our law is not littered with the phrase ““beyond reasonable doubt””. It operates in part by convention and in part by statute, and to isolate the forfeiture provisions and add ““beyond reasonable doubt””, which pertains anyway, could cast doubt on other sentencing provisions. Where there is doubt lies confusion, and where there is confusion, a pile of lawyers rush in and make a load of money out of it. That is not worth while, especially in such a sensitive area. It is well established that the test is being beyond reasonable doubt. My brief says, ““Leave well alone””. I shall not translate that into parliamentary language; the thrust is clear.
I commend Government amendments Nos. 60 and 9, and I am grateful for the broadly generous way in which the House has received them, notwithstanding the comments of my hon. Friend the Member for Foyle. I urge the House to resist the other amendments in the group, save for my assurance that I will take amendment No. 91 away for consideration. It refers to an issue that the right hon. and learned Member for Sleaford and North Hykeham has usefully brought to the attention of the House.
Counter-Terrorism Bill (Programme) (No. 2)
Proceeding contribution from
Tony McNulty
(Labour)
in the House of Commons on Tuesday, 10 June 2008.
It occurred during Debate on bills on Counter-Terrorism Bill (Programme) (No. 2).
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2007-08Chamber / Committee
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