I used to prosecute some years ago. I take the noble Baroness’s example regarding the carrying of knives. There was of course a real scourge of young people carrying knives in the street, but it would have been extremely difficult to secure convictions of people roaming the streets in Glasgow, where I prosecuted, on the basis of what was likely to happen. That is why the safer course was followed of defining knives of a particular size, those exceeding six inches or whatever it was. Anyone who was carrying one was guilty of a crime. There should be some way in which to achieve certainty. One has to remember that north and south of the border the standard of proof in criminal cases is high—proof beyond reasonable doubt. It is that aspect that makes the issue so difficult. If one was dealing with a civil test, the balance of probability, then likelihood would be fine. That comes up from time to time in various other situations, but it is the criminal standard of proof that makes the point important.
Laser Misuse (Vehicles) Bill [HL]
Proceeding contribution from
Lord Hope of Craighead
(Crossbench)
in the House of Lords on Tuesday, 27 February 2018.
It occurred during Debate on bills on Laser Misuse (Vehicles) Bill [HL].
About this proceeding contribution
Reference
789 c603 Session
2017-19Chamber / Committee
House of Lords chamberSubjects
Librarians' tools
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2018-03-14 11:02:25 +0000
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