I am glad that I did not interrupt the noble Lord, Lord Faulks, because he and the noble and learned Lord, Lord Brown, approach this matter from long knowledge of the law. I would like to consider the amendment of the noble Lord, Lord Hodgson, in relation to the investigative process. UWOs are effectively a search warrant. That is the test, and that is not beyond reasonable doubt. You have a search warrant because you think something might be happening. When you have executed the search warrant, you know whether it has happened or not and at that point, you might charge someone with a criminal offence, for which the test would be “beyond reasonable doubt”. From an investigative point of view, that amendment would put at the front of the operation a test which is almost impossible to pass unless you issue the order and effectively use a search warrant on the individual’s bank balances.
Criminal Finances Bill
Proceeding contribution from
Lord Blair of Boughton
(Crossbench)
in the House of Lords on Tuesday, 28 March 2017.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Criminal Finances Bill.
Type
Proceeding contribution
Reference
782 c489 
Session
2016-17
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2017-04-06 13:47:41 +0100
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