Clause 1
Serious Crime Bill [Lords]
10:30 am
Douglas Hogg (Sleaford and North Hykeham, Conservative)
My hon. Friend is entirely right; he is anticipating some of our later debates. He will see that in amendments that appear further down the selection list I have incorporated the phrase “knowingly and intentionally” with regard to the facilitation offence, and I have also taken up the particular point that my hon. Friend made, to so amend the Bill that the court is directed to have regard to the intention and knowledge. We will come to that debate shortly.
My hon. Friend has highlighted the fact that the facilitation offence is strict liability in respect of something that is not an offence known to the criminal law and which exposes the respondent to extremely draconian risks. We need to tighten up the legislation to try to ensure that the courts act only when they are satisfied beyond reasonable doubt.
I have no difficulty with my hon. Friend’s word “certain;” the word “sure” could be incorporated, but some form of higher standard is required.
I am well aware that the Minister is likely to say, “What about the case of McCann?” As the Committee knows, McCann is a case in the Court of Appeal that relates to antisocial behaviour orders. It is true that the courts apply a higher standard of proof in respect of a range of matters that are quasi-criminal. In the McCann case, the House of Lords indicated that the standard of proof should be virtually the same as the criminal standard.
When this matter was debated in the other place, it was conceded that the standard of proof is always on a sliding scale: sometimes it is the full standard of proof, as required in a criminal case; sometimes it is not, and sometimes it is virtually the full standard. It depends on the facts of the particular case and the degree of criminality being asserted.
However, the important thing is to say this; we should not leave this matter to the court. If I am right in saying that this is a matter of fundamental importance, then we should incorporate the required standard of proof in the legislation—
Mr. Browne rose—