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  • Serious Crime Bill measures undermine fair trial and privacy rights

  • 07 Feb 2007
  • Invasive data matching powers and “Gangster Asbos” which run roughshod over the presumption of innocence will form part of the Government’s Serious Crime Bill proposals to be debated in the House of Lords today.
  • The human rights group Liberty expressed concern that the proposed “Gangster Asbos” may enforce curfews, travel bans, bank account freezes and other restrictions on individuals and organisations suspected of crimes without evidence of wrongdoing. The data matching powers will allow computerised ‘fishing expeditions’ that are not based on suspicion or intelligence. 
     
    Liberty’s Policy Officer Jago Russell said:  
     
    “This Government has not yet learned the difficult lesson that punishment without trial will not curb determined wrong-doers, nor is it acceptable in a democracy which values the rule of law.”  
     
    The human rights group Liberty warned that these new measures are part of a dangerous Government trend toward punishing individuals despite a lack of evidence of their guilt.  
     
    Jen Corlew on 0207 378 3656 or 0797 3 831 128 
     
    NOTES TO EDITORS
     
    1. The Serious Crime Bill will receive its second reading in the House of Lords on 7 February 2007. Liberty’s briefing is available to download from the Policy Pages of the Liberty website. 
     
    2. Measures in the bill include:
     
    • Serious Crime Prevention Orders or “Gangster Asbos” brought against individuals and organisations without the need to prove criminality. Restrictions, prohibitions or requirements of the “Gangster Asbos” can include but are not limited to business dealings, working arrangements, communications, access to premises and travel. They may be imposed for up to five years and can be renewed indefinitely. Breaching the conditions can result in up to five years imprisonment.  
     
    • New information sharing powers will allow “data matching” - essentially a fishing expedition against private bodies and companies not based on intelligence or suspicion. The Audit Commission will be able to compel the provision of detailed financial or other information for data matching purposes without any evidence of criminality. 
     
    • New criminal offences for those who may have only peripheral involvement in serious and organised crime, and new powers of search and seizure of property and money believe to be associated with criminal activity.