Clause 2
Serious Crime Bill [Lords]
4:45 pm
Jeremy Browne (Shadow Minister, Home Affairs; Taunton, Liberal Democrat)
This is the first opportunity I have had to speak, as when I have been speaking previously I have been intervening, seeking your guidance or welcoming you to the Chair of this Committee, Mr. Benton. I will speak briefly on the intention behind these two amendments.
Amendment No. 4 seeks to remove the court’s ability to define what a serious crime is. The legislation states that a serious offence in England and Wales
“is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified.”
So although serious crimes are defined in schedule 1 of the legislation, the list is not exhaustive and may be amended by the Secretary of State by order. Amendment No. 4 seeks to remove that discretion from the court.
Amendment No. 8 is one that we considered withdrawing, subject to reassurances from the Minister. The essential point we are trying to get to is whether a serious crime prevention order could be issued for a crime committed abroad, which is not an offence in the United Kingdom. The examples which are often cited in this regard are, for example, holocaust denial in some other countries in Europe which is not an offence here. I understand that it is an offence in France not to go to the assistance of a person in danger, but that is not so in the United Kingdom. Because serious crime prevention orders can be applied internationally, we are keen to ensure that they are not issued for offences that may not exist in the UK but do exist in other member states of the European Union or elsewhere. If the Minister were to reassure us, we would be grateful.