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The hon. Gentleman will be aware that the Government are planning to get rid of some of those forms, or at least to reduce the burden, by implementing the Flanagan report. Will his party support the implementation of that report?
The hon. Gentleman will be aware that the Government are planning to get rid of some of those forms, or at least to reduce the burden, by implementing the Flanagan report. Will his party support the implementation of that report?
I, too, want to start my comments by thanking the Minister for what he has taken on board from the concerns that were expressed in Committee. I am sure that other Opposition Members have had the experience of serving in Committee when a range of amendments have been tabled, many...
I, too, want to start my comments by thanking the Minister for what he has taken on board from the concerns that were expressed in Committee. I am sure that other Opposition Members have had the experience of serving in Committee when a range of amendments have been tabled, many...
I agree, but unless it is excluded, one cannot say for sure that it will not happen. The PACE code seems to be heading in that direction. Let us suppose that a trial were adjourned for some reason. The trial judge could allow questioning to go ahead because there was...
I agree, but unless it is excluded, one cannot say for sure that it will not happen. The PACE code seems to be heading in that direction. Let us suppose that a trial were adjourned for some reason. The trial judge could allow questioning to go ahead because there was...
I agree entirely with the hon. Gentleman. I find it inconceivable that someone could be interviewed during a trial.
I agree entirely with the hon. Gentleman. I find it inconceivable that someone could be interviewed during a trial.
Not necessarily: the right hon. and learned Member for Sleaford and North Hykeham said that some new evidence might be thrown up that caused the defendant or the accused to reconsider what he or she had said earlier. That does not preclude the possibility that people could be re-interviewed. In...
Not necessarily: the right hon. and learned Member for Sleaford and North Hykeham said that some new evidence might be thrown up that caused the defendant or the accused to reconsider what he or she had said earlier. That does not preclude the possibility that people could be re-interviewed. In...
I share the hon. Gentleman's general views, but although new clause 4 raises all the right issues, it is not drafted terribly well. We would like the Minister to agree to the principles of new clause 4 and to come back with an amendment of his own in the other...
I share the hon. Gentleman's general views, but although new clause 4 raises all the right issues, it is not drafted terribly well. We would like the Minister to agree to the principles of new clause 4 and to come back with an amendment of his own in the other...
I will not repeat that verbatim, but the Minister heard what was said, and I am sure that he will make a note of it, mentally or manually. Such an amendment would be fitting, a useful addition to the part of the Bill that we are discussing, and an important...
I will not repeat that verbatim, but the Minister heard what was said, and I am sure that he will make a note of it, mentally or manually. Such an amendment would be fitting, a useful addition to the part of the Bill that we are discussing, and an important...
Just let me finish this point. I am not being unjustly or over-critical about new clause 4 or the amendments tabled by the hon. and learned Gentleman, but if they were passed in place of what I have offered, they may or may not sit with the changes made to...
Just let me finish this point. I am not being unjustly or over-critical about new clause 4 or the amendments tabled by the hon. and learned Gentleman, but if they were passed in place of what I have offered, they may or may not sit with the changes made to...
The Minister may not want to deal with this now, but before he sits down will he deal with the matter of the defendant seeking the questioning? It would be helpful to have assurances on that point.
The Minister may not want to deal with this now, but before he sits down will he deal with the matter of the defendant seeking the questioning? It would be helpful to have assurances on that point.
I have told the hon. and learned Gentleman that I am rather weary as a result of all the movement that I have already made in that regard.
I have told the hon. and learned Gentleman that I am rather weary as a result of all the movement that I have already made in that regard.
The Minister is very tempting, but I am minded to press new clause 4, partly because I do not wish on amendment No. 16 to find myself having to vote against Government amendment No. 57 and all the other Government amendments that will be taken at half-past 6, because that...
The Minister is very tempting, but I am minded to press new clause 4, partly because I do not wish on amendment No. 16 to find myself having to vote against Government amendment No. 57 and all the other Government amendments that will be taken at half-past 6, because that...
Reading the text of the new clauses and the proposed amendments, it is difficult to see why they should be confined to terrorist offences. Looking at the generality of the language, surely it would seem that they could be applied to all serious offences, under a fairly wide definition.
Reading the text of the new clauses and the proposed amendments, it is difficult to see why they should be confined to terrorist offences. Looking at the generality of the language, surely it would seem that they could be applied to all serious offences, under a fairly wide definition.
None of us would like to be churlish about how far the Minister has moved on the issue. I agree with the previous speaker that the Minister has done particularly well in reacting to many issues that were raised in Committee proceedings, which I have read but did not attend....
None of us would like to be churlish about how far the Minister has moved on the issue. I agree with the previous speaker that the Minister has done particularly well in reacting to many issues that were raised in Committee proceedings, which I have read but did not attend....
The debate has been useful. All three models have virtue. We are talking partly about philosophy and partly about the mechanics of implementation. I agree with the right hon. and learned Member for Sleaford and North Hykeham (Mr. Hogg) and others. I have always tried to approach these matters from...
The debate has been useful. All three models have virtue. We are talking partly about philosophy and partly about the mechanics of implementation. I agree with the right hon. and learned Member for Sleaford and North Hykeham (Mr. Hogg) and others. I have always tried to approach these matters from...
The more we are able to consider these matters in the generality of the way the criminal justice system works, and the more we are able to see that changes can be made which do not damage the right of the individual in face of the full majesty of the...
The more we are able to consider these matters in the generality of the way the criminal justice system works, and the more we are able to see that changes can be made which do not damage the right of the individual in face of the full majesty of the...
My right hon. Friend sounds very much like a man who is about to move a bit further. Surely if new clause 4 were to be carried as well as new clauses 18 and 19, they would be contradictory. The substantial point is whether a magistrate or a judge should...
My right hon. Friend sounds very much like a man who is about to move a bit further. Surely if new clause 4 were to be carried as well as new clauses 18 and 19, they would be contradictory. The substantial point is whether a magistrate or a judge should...
The Minister will know of the particular sensitivity about how this provision will apply to the Scottish legal system. He will be aware that it is a principle of Scottish common law that when someone is arrested and charged, they become the ward of the court and it is crucial...
The Minister will know of the particular sensitivity about how this provision will apply to the Scottish legal system. He will be aware that it is a principle of Scottish common law that when someone is arrested and charged, they become the ward of the court and it is crucial...
If the hon. and learned Gentleman will bear with me, I will come to that shortly. As I was saying, we think that confining post-charge questioning to new evidence could make all post-charge questioning subject to challenge on the basis of whether the evidence was available at charge. We also...
If the hon. and learned Gentleman will bear with me, I will come to that shortly. As I was saying, we think that confining post-charge questioning to new evidence could make all post-charge questioning subject to challenge on the basis of whether the evidence was available at charge. We also...
On a point of order, Mr. Deputy Speaker. The Minister said that the draft PACE codes were freely available. I have been to check at the Vote Office and found that they are not available.
On a point of order, Mr. Deputy Speaker. The Minister said that the draft PACE codes were freely available. I have been to check at the Vote Office and found that they are not available.
I do, just as there are in the broader sense of the common law base. That is what we are trying to get around. I genuinely believe that we have reached a place where post-charge questioning could work. It is a shift—a concession, in a sense—on my part from saying...
I do, just as there are in the broader sense of the common law base. That is what we are trying to get around. I genuinely believe that we have reached a place where post-charge questioning could work. It is a shift—a concession, in a sense—on my part from saying...