Clause 5
Serious Crime Bill [Lords]
9:00 am
Vernon Coaker (Parliamentary Under-Secretary, Home Office; Gedling, Labour)
The right hon. and learned Gentleman will know that the Government take particular account of the McCann judgment. In respect of mens rea, the House of Lords determined that the proceedings were civil and that the following factors contributed to this decision. The question of whether a person has acted antisocially, as set out in section 1(1)(a) of the Crime and Disorder Act 1998, is an objective inquiry and no mens rea needs to be proved. Given our belief that the McCann judgment will inform practice in respect of serious crime prevention orders, is that not an important point?