Clause 1
Serious Crime Bill [Lords]
11:00 am
Vernon Coaker (Parliamentary Under-Secretary, Home Office; Gedling, Labour)
I shall now move on to a couple of the right hon. and learned Gentleman’s other points. He mentioned Baroness Scotland’s position. She stated quite clearly that the applicable case law was the McCann case, which discussed the civil standard, as the right hon. and learned Gentleman knows. She stated equally clearly that the civil standard was flexible. The civil standard will apply to civil orders. The flexibility means that, in relation to clause 1(1)(a), the court will be able to require a standard of proof beyond reasonable doubt, as set out in McCann.
In relation to clause 5(2)(a)—this was the intervention that I was trying to make during the remarks of the hon. Member for Arundel and South Downs—the court can apply the lower standard of proof, that of balance of probability. That is what we mean by a sliding scale.
Mr. Hogg rose—