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Criminal Procedure and Investigations Act 1996 (Code of Practice for Interviews of Witnesses Notified by Accused) Order 2010

My Lords, when Section 34 was introduced into this House in the Criminal Justice Bill 2003, I expressed my reservations about it in these terms: ""It is difficult enough to give evidence anyway, but even more difficult to give evidence for the defence when a policeman appears at one's door, asking ‘Are you really sure that that was what happened?’ Sometimes their nerves fail; on other occasions police statements are obtained and used to cross-examine in minute detail"." I was referring to the experience with alibi notices. I said: ""The disclosure of defence witnesses would give rise to the possibility of police pressure, which will do nothing for the administration of justice".—[Official Report, 16/6/03; cols. 570-71.]" Indeed, the administration of justice is my main concern. In introducing the order, the Minister referred to case management and efficiency and that is all very well, but he will know from his own experience that very often issues arise during the trial quite out of the blue and it is necessary sometimes to call defence witnesses quite unexpectedly without going through all the giving of notices and so forth. I am concerned that this will cause injustice. I can see that in particular cases there could be a reference to the European court, ultimately, about whether this impinges on a fair trial. Having said that, and having expressed my opposition to the principle, the code that has been produced after some seven years includes a lot of safeguards. I am interested about why it has taken seven years to produce. I think that indicates the sensitivity of the issue. In particular, I am very interested in the Explanatory Memorandum, which states that: ""It is intended to monitor closely the operation of the provisions in practice"." What has the Minister in mind by way of monitoring in future? How often will it take place and what sort of reports will be available to the profession and to the judiciary about how well the scheme operates? It is a very sensitive area, as I have said, and I can see that in certain circumstances there will be injustice. It is very important that the Government keep their eye on these provisions.