Clause 24

Serious Crime Bill [Lords] – in a Public Bill Committee at 12:30 pm on 3 July 2007.

Alert me about debates like this

Additional right of appeal from High Court

Photo of Douglas Hogg Douglas Hogg Conservative, Sleaford and North Hykeham

I beg to move amendment No. 127, in clause 24, page 15, line 9, at end insert—

‘(1A) An appeal against a decision of the High Court in relation to a serious crime prevention order may be made to the Court of Appeal by—

(a) the person who is the subject of the order;

(b) the relevant applicant authority; or

(c) by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 10(1), (2) or (as the case may be) (3).’.

When I drafted the amendment I had not read section 16 of the Senior Courts Act 1981, and I still have not done so; I was under some pressure to prepare my amendments as fast as I could. I hope that the Committee will accept the general proposition that every person who is affected by a serious crime prevention order should have the right of appeal. Subject to the terms of section 16 of the Senior Courts Act 1981, the Bill does not make provision for the person who is the subject of the order to appeal. If the Minister can tell me that that provision gives the person who is subject to a serious crime prevention order the right of appeal, I need not speak any further to this amendment. If he wants to intervene, I shall give way.

Photo of Vernon Coaker Vernon Coaker Parliamentary Under-Secretary (Home Office) (Crime Reduction)

It is my understanding that the amendment is unnecessary for the reasons that the right hon. and learned Gentleman gives.

Photo of Douglas Hogg Douglas Hogg Conservative, Sleaford and North Hykeham

If that is right, I shall withdraw the amendment and if it is not, we will have to come back to the matter on Report. Would the Minister be good enough to write to me to confirm what he has said? I shall go and look at section 16.

Photo of Vernon Coaker Vernon Coaker Parliamentary Under-Secretary (Home Office) (Crime Reduction)

Perhaps it will be unnecessary for me to write to the hon. and learned Gentleman and helpful to the Committee if I read my statement into the record.

I fully appreciate the hon. and learned Gentleman’s intention in tabling the amendment. Like him, I have been very concerned to ensure that the Bill provides the appropriate rights of appeal. However, I hope that I can reassure the Committee that the rights are already provided for in other legislation and that the amendment is unnecessary.

Clause 24 provides a right of appeal for third parties. Without the clause, they would not have such a right. The appeal rights of the applicant authority and the subject of the order, as parties to the original proceedings, are already provided for in the Senior Courts Act 1981, or the Supreme Court Act 1981 as it is currently known. Therefore, I hope that the right hon. and learned Gentleman feels reassured enough to withdraw his amendment because its effect is already provided for.

Amendment, by leave, withdrawn.

Clause 24 ordered to stand part of the Bill.

Clause 25 ordered to stand part of the Bill.