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Prevention of Terrorism Bill. Second reading debate. Amendment negatived on division (216 to 316). Main question agreed to on division (309 to 233). Programme motion on Committee stage, Report stage, Third reading and any other proceedings agreed to on division (305 to 196). Queens recommendation signified. Money resolution agreed to...

Lead member

Charles Clarke

Answering member

David Davis

Department

Home Office

Type

Debates on bills

Date

23 February 2005

Reference

431 c333-447

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, what requirement there is for police authorities to retain exhibits used in criminal trials, once the trial is completed, for the purpose of any future appeal; and what requirement there is for the (a) victims of the crime concerned and...

Asked by

Mark Oaten (Liberal Democrat)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

5 April 2000

For answer on

10 April 2000

Answered on

10 April 2000

Mr. Oaten: To ask the Secretary of State for the Home Department what requirement there is for police authorities to retain exhibits used in criminal trials, once the trial is completed, for the purpose of any future appeal; and what requirement there is for the (a) victims of the crime concerned and (b) relatives of victims to be consulted concerning the retention and disposal of such exhibits where they were the property of the victim. [118560] Mr. Charles Clarke: Under the Criminal Appeals Rules 1968, the arrangements for the retention of exhibits in criminal proceedings pending appeal, are matters for the court to determine. The rules provide that exhibits must be retained for 35 days from the date of conviction or, if an appeal is lodged, until the determination of the appeal. The exhibits may be retained in the custody of the court, the person who produced the exhibit at the trial (prosecution or defence) or any other person and such arrangements can include provision for the inspection of the exhibit by any interested party. Section 22 of the Police and Criminal Evidence Act 1984 (PACE) provides that where property has been seized or taken away by the police it may be retained so long as is necessary in all the circumstances. The section goes on to clarify that such property may be retained only while in use as evidence, for forensic examination, for investigation in connection with an offence, or in order to establish the lawful owner, and must not be retained if a photograph or copy would suffice for these purposes. Policy on the return of property to the lawful owner is a matter for the police force concerned but I understand that every force has a clear policy regarding the disposal of property and is fully aware of the provision of section 22 of PACE. Moreover, guidance was issued to the police in 1997 on the disposal of property under the Police (Property) Regulations 1997, where the owner cannot be established and no competent court order has been made in respect of it.

Date

10 April 2000

Reference

348 c73-4W; 118560

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, what reports he has received from police forces about the effect of requirements as to the disclosure of evidence upon the efficient use of police manpower; and if he will make a statement. - Includes ref to Criminal Procedure and...

Asked by

Oliver Heald (Conservative)

Answering body

Home Office

Type

Written questions

Status

Answered

Date

13 March 2000

Reference

346 c84W; 114363

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, pursuant to his Answer to the Right honourable Member for Maidstone and the Weald of 2nd February, Official Report, 343 c599W, on his proposals to restrict the right to elect trial by jury, (a) if it is his intention to...

Asked by

David Lidington (Conservative)

Answering body

Home Office

Type

Written questions

Status

Answered

Date

9 February 2000

Reference

109208; 344 c170W

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, when he intends to implement sections 40 and 41 of the Youth Justice and Criminal Evidence Act 1999. - Ref to 8 November, 337 c421W.

Asked by

Margaret Moran (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Date

10 November 1999

Reference

97371; 337 c591W

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, when he intends to implement sections 40 and 41 of the Youth Justice and Criminal Evidence Act 1999.

Asked by

Hilton Dawson (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Date

8 November 1999

Reference

97408; 337 c421W

House

House of Commons

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