Clause 11
Serious Crime Bill [Lords]
3:00 pm
Douglas Hogg (Sleaford and North Hykeham, Conservative)
These amendments have two quite separate purposes. The purpose of the first is that the person against whom the order is sought should be given due notice of the terms of the order and of the evidence that is to be relied upon. The purpose of the second amendment, differently, is that in appropriate circumstances the deemed notice will be disapplied.
May I explain briefly what I have in mind? It is a matter of natural justice that a person against whom an order is sought should be told in good time the terms of that order. It is in accordance with the principles of natural justice that the prospective subject of the order should have a clear indication of the nature of the case being put against him—or her—so that he can respond to it.
It is not clear from the Bill what the procedure will be for giving notice of the orders sought for satisfying the court of the requirements. The Bill is silent on that point; perhaps rules will be made later that will give guidance. However, as a matter of general principle, due notice should be given of the terms of the relief being sought and of the nature of the evidence.
The second amendment relates to the effect of the notice. There is a provision for deemed notice, which is to be obtained by sending it by recorded delivery tothe last known address. Consequences flow from that, namely, that the person is bound by the order and if that person is in breach of the order, penal sanctions attach.
However, there may well be wholly reasonable circumstances when, notwithstanding the fact that the notice was sent to the last known address, it was not received. The person who was the subject of the order but who did not receive it should be given the ability to go to the court and ask for the notice to be disapplied. I am prepared to accept that this is one area in which the reverse burden of proof is probably appropriate, and the onus of proving non-receipt should lie with the person to be affected by the order. In terms of natural justice, both the provisions, or something like them, should be incorporated in the Bill.