Clause 76 - Presumptions about the absence of

Part of Sexual Offences Bill [Lords] – in a Public Bill Committee am 3:30 pm ar 9 Medi 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Vera Baird Vera Baird Llafur, Redcar 3:30, 9 Medi 2003

I want to take the issue further. I am not sure how the provisions would operate. The hon. Gentleman has just referred to the need for juries to understand the concept of a rebuttable presumption. Would that be the position or would the judge not have to decide in the first place whether the presumption has been rebutted? In that case, the jury would never have to consider the matter because by the time it gets to them, the burden of proof would be in the ordinary direction.