Clause 105 - Accused's response to statement

Part of Proceeds of Crime Bill – in a Public Bill Committee am 11:00 am ar 6 Rhagfyr 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Dominic Grieve Dominic Grieve Shadow Minister (Home Affairs) 11:00, 6 Rhagfyr 2001

I ask about the change of the word ''assertion'' to ''allegation''. I am aware of the desire for uniformity and I tread delicately because of my lack of knowledge of Scottish legal words. However, something about the word ''assertion'' strikes me that it has the capacity to be a term of art in law while ''allegation'' does not. Why is the Amendment necessary? There is either no reason to use the word ''assertion'', in which case one wonders why it crept into the Scottish part of the Bill, or ''assertion'' is a familiar word in Scottish legal terminology, in which case its substitution for ''allegation'' may have a greater effect than initially thought. I do not know whether the Minister or any other hon. Member can enlighten the Committee, but it seems that the two words have a slightly different meaning. Why does Scots law use the word ''assertion'' rather than ''allegation'', and what will be the consequence of getting rid of the word?

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