Criminal Justice Bill

Part of the debate – in the House of Lords at 4:45 pm on 30th October 2003.

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Photo of Viscount Bledisloe Viscount Bledisloe Crossbench 4:45 pm, 30th October 2003

My Lords, before the noble Lord sits down, I am saying that the difference between the prosecution and the defence is a question of whether, as a statutory element of the case, mens rea is necessary. The judge will say, "Yes, it is and there is therefore no case", and the prosecution wants to appeal because it is not there. That seems to me to be capable of being a submission of no case to answer.