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To ask the Secretary of State for Justice, what the Government's timescale is for implementing any changes resulting from his Department's recent call for evidence on fraudulent gastric illness claims.

Asked by
Chi Onwurah (Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Date
27 December 2017
Reference
120252
House
House of Commons

My Lords, will the review look at the culture of “sales targets” within the police—as it was described by the person in this case—as an issue?

Member
Viscount Ridley (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1837
House
House of Lords

My Lords, I beg leave to ask a Question of which I have given private notice.

Member
Lord Morris of Aberavon (Labour)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1835
House
House of Lords

My Lords, prosecutors are obliged to disclose relevant material that could assist the defence case. That obligation is not determined by issues of cost. The Crown Prosecution Service is considering with the police a recent independent review by Her Majesty’s Chief Inspector of the CPS of disclosure policies and practice.

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1835
House
House of Lords

My Lords, the then chairman of the Bar Council, Ms Heather Hallett QC, complained as far back as 1998 about non-disclosure. I believe I took steps to put matters right. Matters seem to have gone backwards since then. In the light of recent events, will the Attorney-General set up an...

Member
Lord Morris of Aberavon (Labour)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1835
House
House of Lords

My Lords, disclosure in the context of criminal cases has not gone backwards since 1998. There is no present intention to set up an inquiry of the type referred to by the noble and learned Lord.

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1835
House
House of Lords

My Lords, I think we can all agree that early and adequate disclosure is at the heart of a fair criminal justice system. Given that the senior independent prosecutor at the Bar who averted a recent miscarriage of justice, in addition to being a senior and experienced prosecutor, is a...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1835
House
House of Lords

My Lords, the matter to which the noble Baroness, Lady Chakrabarti, alludes was a recent case in which the Crown withdrew and the matter did not proceed. There is to be a joint internal review by the CPS and the police to determine what occurred in that case. With regard...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1835
House
House of Lords

My Lords, one of the problems is that there is a great deal more to disclose than there once was in terms of the number of records that are kept. However, does not the obligation go both ways? Not only must the prosecution make sure that everything is available to...

Member
Lord Faulks (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1836
House
House of Lords

I am obliged to my noble friend. It is of course important that the defence has the opportunity and the means to consider what requests should be made of the prosecution in the context of disclosure. Indeed, in the context of the case alluded to earlier, that point will be...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1836
House
House of Lords

Could the review also look into this simple question? It is reported that it took 14 months for this young man to be charged, which means that he was on bail uncharged for 14 months. What on earth is the reason for that?

Member
Lord Judge (Crossbench)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1836
House
House of Lords

My Lords, I am not able to determine why the charge took as long as it did in that case. I appreciate that investigations take longer in some cases than they do in others, but I cannot—

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1836
House
House of Lords

Oh!

Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1836
House
House of Lords

I wonder whether noble Lords wish me to continue. I am obliged to the Opposition Benches. To give an example, there are instances in which a considerable amount of digital data relevant to a particular complaint have to be considered.

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1836
House
House of Lords

My Lords, in the case of Liam Allan, it was fairly obvious that this material should have been looked at, and what happened was either the result of lack of resources in the police service or in the Crown Prosecution Service or a deliberate attempt to pervert the course of...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1836
House
House of Lords

I believe that the noble Lord probably knows the answer to his own question. Nevertheless, the alternatives that he advances do not exhaust the issue of why, if it occurred, disclosure was not made at an appropriate time, and that will be the subject of a joint high-level review by...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1836
House
House of Lords

My Lords, will the conclusions of the proposed internal review be published?

Member
Lord Anderson of Swansea (Labour)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1837
House
House of Lords

I do not anticipate that the review itself will be published, but I am confident that its conclusions will be.

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1837
House
House of Lords

My Lords, would not my noble and learned friend acknowledge that there is very widespread concern about this clear near miscarriage of justice? Could he at least say that he understands why people’s confidence in the police service has been significantly undermined?

Member
Lord Cormack (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1837
House
House of Lords

My Lords, again, I am not going to anticipate the outcome of the review that will be undertaken jointly by the CPS and the police in respect of this case.

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
18 December 2017
Reference
787 c1837
House
House of Lords