Criminal Justice and Courts Bill

My judgment was that a conventional level of judgment against public interest was not sufficient in this circumstance. We have discussed it extensively in the Department among my ministerial team and with our advisers. I have no qualms about setting a higher test. It will be a matter for the judges to decide how and when that test should apply. As my hon. and learned Friend would expect, rightly, the judges should have the discretion to do that. But I do not think it is unreasonable for this place to say that it wants a test that is a bar higher than the conventional public interest test and that this should be used only in exceptional circumstances.