Lord chancellor hints at 'balance of probabilities' rulings for terror cases
www.moneynews.co.uk > Other > Lord chancellor hints at 'balance of probabilities' rulings for terror cases
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Lord chancellor hints at 'balance of probabilities' rulings for terror cases
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The lord chancellor, ahead of a speech to the Law Society and the Human Rights Lawyers' Association in London last night, said: "One of the things which determine the options we might look at is the level of threat. The worse the threat, the more significant the change to current arrangements that could be considered."
His comments follow suggestions by the home secretary David Blunkett this month that terrorism cases could be proved "on the balance of probabilities" rather than "beyond reasonable doubt".
Lord Falconer also defended a measure, now going through parliament, to remove judicial review from asylum and immigration cases.
The lord chancellor suggested in his speech later that the government was right to opt out of international human rights law to allow internment in the wake of September 11, claiming that the attacks justified the use of "special measures" under the European Convention on Human Rights.
"My position on terrorism is simple: there are no options we should refuse to consider within the framework of the rule of law and our international human rights obligations," he said.
"We need to be imaginative and flexible, looking at the problems, the facts, and the needs of our democratic society."
Sixteen men have so far been detained without charge or trial under the Anti-Terrorism, Crime and Security Act.
Criminal cases are currently determined on "beyond reasonable doubt", while civil cases can be proved "on the balance of probabilities".
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