Skip to main content

Proceeding contribution from Lord Mayhew of Twysden (Conservative) in the House of Lords on Monday, 13 July 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

I assure the Minister who is about to reply that my support for this proposal has not diminished in any way since I expressed it when we went into all this last November. As regards the police objection that their investigations would be hampered if the commissioner was present in police stations, exactly that misgiving was expressed when I had some responsibility for Northern Ireland and I introduced a system, staffed in the first instance by Sir Louis Blom-Cooper QC, whereby a commissioner was present when the police questioned a suspect. In a very short time, Sir Louis Blom-Cooper secured the support of all concerned with this procedure, including the police. I very much endorse what was said in that regard by the noble and learned Lord, Lord Lloyd of Berwick, a few minutes ago. There is a necessary but inherent weakness in the procedure for the extension of detention from seven to 14 and ultimately to 28 days. It is a necessary weakness but it can be addressed by having a commissioner present and informed in the way in which the noble and learned Lord has described. It is not easy for a judge to determine whether the case for an extension has been made, particularly where the defence counsel is not able to see the strength of a case against him. Judges in this rather unwelcome position need all the support that they can get. I believe that that is provided to a significant extent by the terms of the proposed new clause.


Secondary information

Type
Proceeding contribution
Reference
712 c996 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Disability Children Disclosure of information Crime Bail Administration of justice Detainees Crimes of violence Custodial treatment Evidence Homicide Intimidation Ethnic groups Immunity from prosecution Protection Police Prosecutions Public appointments Public consultation Offensive weapons Magistrates' courts Sentencing Terrorism Vulnerable adults Young offenders Witnesses Trials Video recordings Reoffenders Sentencing Council for England and Wales
Legislation
Coroners and Justice Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk