Serious Crime Bill [HL]

Does the noble Lord accept that the amendment is totally incompatible with those that we have just debated? The judge can make an order only if he has been satisfied beyond reasonable doubt on evidence admissible in a criminal trial that the man in question has been guilty of the criminal offence. If he is satisfied, he cannot be satisfied that it is not possible to prosecute the person unless the individual is outside the jurisdiction. I do not think an order of this kind can be made against somebody not within the jurisdiction, but the two cannot stand together. A judge cannot say that he is satisfied beyond—