Oral Answers to Questions

Barry Sheerman Excerpts

Tuesday 4th June 2019 Commons Chamber

[Paul Maynard]

I am grateful for that interesting perspective in my early days in the job. I will clearly have to go away and look at what CAFCASS says and does, and I look forward to meeting it. It is important to bear in mind that, in these cases, the interests of the child have to be paramount—the Children Act 1989 is very clear about that, and judges are clear in how they interpret that obligation.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

3. What steps he is taking to improve the post-conviction disclosure regime.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

If material comes to light that, on the face of it, might cast doubt on the safety of a conviction, the police and prosecuting authorities should disclose it, and where it is alleged that such material may exist, they should co-operate in making further inquiries if there appears to be a real prospect that they will uncover something of real value. Failing that, the function of the independent Criminal Cases Review Commission is to investigate possible miscarriages of justice. Access to information about the cases they investigate is integral to their work, and they have substantial legal powers to secure the disclosure they require.

[Mr Sheerman]

The Minister will know that I welcome part of what he said warmly, but as co-chair of the all-party parliamentary group on miscarriages of justice, I know that in order to challenge a conviction, access to pre-conviction material from the police and the prosecution is very valuable. Most advanced countries have a proper system that makes it much more possible to challenge an unsafe conviction. Can we have further movement on that?

[Edward Argar]

The hon. Gentleman rightly highlights his extensive work in this area. It has been a pleasure to meet him on a number of occasions, and I am due to do so again. As I said, there are considerable statutory powers for the CCRC, but as he knows, the commission can refer only those cases it considers to meet the statutory criteria, and there are no plans currently to review that.