My Lords, the defendant may have been convicted and served a sentence but this seems to be another sanction. I know that if one looks at this through a different lens, the focus is on the victim. However, I thought it appropriate to table the amendment and raise some questions about the prevention orders because, as I say, this is, in effect, another sanction for the defendant for a sentence that has been served.
Clause 14(5) relates to the list of offences that can prompt these orders, including many offences that have already been repealed or which will be repealed
when the Bill is enacted. The purpose of my amendment is quickly to probe whether it is the case that if the legislation creating such an offence has been repealed the orders can, following the conviction or finding of the court, or whoever makes the finding, nevertheless be applied. Are the prevention orders exactly the same as those which apply under current legislation? I am not sure whether I should use the word “retrospectivity”, but will they be prompted in the same way as they would be by offences under legislation that is no longer in force?
Thinking about this from the point of view of the potential subject of an order, I assume that there will be no particular arrangements regarding court proceedings. I am thinking of potential publicity. I assume that this will be in open court and there will be no anonymity for a defendant who may not have been convicted of anything to prompt the application for an order in court. I beg to move.
5.15 pm