Criminal Justice and Immigration Bill

I feel privileged to be able to say that I support completely the wise and authoritative words of the noble and learned Lord, Lord Lloyd. Perhaps I may return to one matter that I raised a few days ago: the absence in Clause 128 of a clear statement that this is not a defence, and the fact that there is no onus whatever on the defendant to raise the defence. For those in the Chamber who are not lawyers, I am sure that the point is well appreciated in any event. In some cases where the prosecution is able to prove the outlines of an offence, it is for the defendant to establish his innocence on the balance of probability; otherwise he will be convicted. This is not such a situation, but that is what lawyers usually mean by a defence in those circumstances. I therefore do not believe that too much emphasis can be laid on the point that this is not a defence. I shall not repeat what I quoted from the judgment of Lord Justice Winn in the Wheeler case in 1967, but I would ask the noble and learned Lord the Lord Advocate to study those words carefully. They show that—if that judgment was correct, and I believe it to be as correct as any judgment could be—it is sailing into danger to suggest to a jury that there is any question of a defence such as self-defence and the judge must immediately correct himself or herself in that regard. In those circumstances, although my submission did not find immediate favour with the noble and learned Lord the Lord Advocate on Monday, will he be so gracious as to reconsider the matter?