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UK: Parliamentary Joint Human Rights Committee report: Legislative Scrutiny: Terrorist Asset-Freezing etc Bill (Second Report) and other Bills

01 November 2010

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UK: Parliamentary Joint Human Rights Committee report: Legislative Scrutiny: Terrorist Asset- Freezing etc Bill (Second Report) and other Bills (pdf):

"We sought clarification as to whether this raising of the threshold means that the standard of proof has also been raised to the civil standard of “balance of probabilities".

The Government response makes clear that the Treasury do not consider that ‘reasonable belief’ requires the Treasury to be satisfied of the relevant facts to the civil standard of proof. As the Bill stands, therefore, a person’s assets can be frozen even if the Treasury are not satisfied of that person’s involvement in terrorism on the balance of probabilities.

In our view, there is scope to amend the Bill to provide for a standard of proof which is higher than that which is currently in the Bill, but which is still lower than the standard required to charge the person with a criminal offence."

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