Anti-social Behaviour, Crime and Policing Bill

Lord Elton Excerpts

Wednesday 22nd January 2014 Lords Chamber

[Lord Elton (Con)]

My Lords, I shall begin with an explanation. I served for three years in the Home Office at the time when Lord Denning and others were at the height of their powers, and I have had a very happy hour listening to what is going on. It was very reminiscent of the past. My sympathy with my noble friend on the Front Bench deepened steadily throughout, but was slightly reduced during the intervention of the noble and learned Lord, Lord Brown.

I ask my noble friend simply this. First, when he comes to reply, will he confirm what has been asserted, that if the information described in the amendment had been available before the case was brought, the case would not have come to court? Secondly, is there any other circumstance, except that which has just been discussed, in which a British citizen is required to prove their innocence in the criminal law? Finally, am I not right in thinking that if my first question is answered with a yes—in other words, the case would not have been brought—surely at least the second leg of the intervention by the noble and learned Lord, Lord Brown, would fall because no jury would have had to give an opinion?