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Criminal Procedure and Investigations Act 1996 (Code of Prcatice) (Northern Ireland) Order 2005

rose to move, That the Grand Committee do report to the House that it has considered the Criminal Procedure and Investigations Act (Code of Practice) (Northern Ireland) Order 2005. The noble Lord said: A copy of the order was laid before the House on 23 June, and this is an opportunity to put the Government’s legislative proposal before the Grand Committee. The order brings into operation a new code of practice under Section 23 of the Criminal Procedure and Investigations Act 1996. It is intended to come into force on 15 July this year. The code of practice has also been laid before each House, in accordance with the statutory requirements. The code of practice will ensure the effective implementation of Part 5 of the Criminal Justice Act   2003, which makes significant changes to the present scheme of pre-trial disclosure in criminal proceedings. As I said, it is proposed that the code will be brought into force on 15 July, the same time as Part   5 of the Criminal Justice Act. The present debate forms an important part of the implementation procedure. A broadly similar code, a revised code of practice, was designed for England and Wales. It came into force on 4 April this year, following an affirmative resolution in both Houses. That was at the time that Part 5 of the Criminal Justice Act came into force in England and Wales. One of the most important changes that Part 5 makes to the present disclosure system is to replace the different prosecution tests that apply before and after a defence statement has been lodged with the court and prosecutor. At present, the prosecution applies one test when it discloses unused material to the defence before a defence statement is lodged and a different test after the defence statement has been lodged. The Criminal Justice Act abolishes those primary and secondary disclosure tests and creates a single prosecution disclosure test that will apply throughout. As a result of that change, it is necessary to change the terminology of the code of practice. The opportunity has also been taken to make several essentially technical amendments to the code. They include amendment of the wording used in contexts where sensitive or public interest immunity material is discussed. It is now some years since the Criminal Procedure and Investigations Act replaced the old common law disclosure arrangements, and practitioners have since amassed considerable expertise and experience in its operation. The Government considered therefore other amendments that might usefully be made in the revised code of practice, bearing in mind any constraints imposed by the enabling powers. I shall say a little to the Committee about those changes. They have been discussed extensively, and the Committee will be aware that they have been the subject of a public consultation exercise. First, paragraph 3(1)(a) explicitly allows for the appointment of deputy disclosure officers, whereas the present code assumes that there will be only a single disclosure officer in a case. Secondly, paragraph 5(1) will enable material to be retained in the form of a copy, rather than an original, when that is reasonable in all circumstances. The copying and disposal of an original may take place at any time before or after conviction. In addition, paragraph 6(4) of the code makes disclosure officers pay particular attention to the need to schedule sensitive material. It now requires them to complete a schedule of sensitive material, even if only to indicate that there is no such material. The code of practice has benefited from substantial input from the practitioners, particularly the police and prosecutors who operate it. As I said, it has been widely consulted on. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Criminal Procedure and Investigations Act (Code of Practice) (Northern Ireland) Order 2005.—(Lord Rooker.)