Written question asked by Lord Campbell-Savours (Labour), in the House of Lords. It was answered by Lord Goldsmith (Labour) on Thursday, 8 February 2007.

Crime: Rape

Question: Further to the Written Answer by the Attorney-General on 24 January (WA 239-40), whether they have brought to the attention of the appropriate Bar disciplinary authorities the actions of Mr David Farrell QC in the prosecution and appeal in the Warren Blackwell case; and whether Mr Farrell will be instructed in future to appear for the Crown in either trials or appeals.

Answer: The conduct of prosecution counsel was considered in the light of the Criminal Cases Review Commission report and the Court of Appeal judgment in the Warren Blackwell case. The complexities surrounding the interpretation of the Criminal Procedure and Investigations Act 1996 at the time this case was dealt with were acknowledged. This area of law was not as settled as it is now, with more legal authorities available as to its application. There was no malice or impropriety involved in the decision-making process in this case; consequently, disciplinary action was considered inappropriate and the matter was not referred to the Bar Council. David Farrell QC will continue to be instructed to appear for the Crown in trials and appeals.

Secondary information

Type: Written question
Reference: 689 c153WA; 1659
Session: 2006-07
Related items: Crime: Rape
Wednesday, 24 January 2007
Written questions
House of Lords
Subjects: Disciplinary proceedings Appeals Barristers Conduct Rape Trials Blackwell, Warren Farrell, David
Link: View this Written question on www.publications.parliament.uk