Baroness Ludford (LD)

In reply to the noble Lord, Lord Jackson, he seemed to suggest that the amendments from my noble friend Lady Hamwee would somehow be unusual in criminal law. She is obviously saying that, rather than to require the person to prove a reasonable excuse as their defence, the prosecution would have to prove “without reasonable excuse” as a component part of the offence. I was looking at driving offences. I admit that this appears to be an AI overview, subject to correction by my friend, the noble Lord, Lord Paddick, but, apparently, careless driving is “driving without due care and attention” or “driving without reasonable consideration for other road users”. Presumably the prosecution has to prove that you were driving without due care and attention or without reasonable consideration for other road users. It is not, at least in the first instance, for the driver to have to prove that they were taking due care and attention or that they were showing reasonable consideration for other road users. I forget any criminal law that I learned many moons ago, but I know that there are circumstances in which the burden can shift. But, overall, the prosecution has to prove the component parts of the offence. What my noble friend is trying to achieve is the normal rule in criminal offences, where the burden lies principally on the prosecution. I query the suggestion from the noble Lord, Lord Jackson, that my noble friend somehow wants to be out of line with the normality of the criminal law in what she suggests in her amendment. I think that it is the noble Lord, Lord Jackson, who, not for the first time, wants to be out of line.