Police Detention Debate

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Department: Ministry of Justice

Police Detention

David Nuttall Excerpts
Thursday 30th June 2011

(13 years, 4 months ago)

Commons Chamber
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Lord Herbert of South Downs Portrait Nick Herbert
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We are seeking to bring forward legislation to deal with the problem sufficiently swiftly to avoid any such impact that may be caused in the interim. We will also seek to mitigate the situation to the greatest possible extent, and I will discuss that with ACPO. Clearly there are implications in respect of resources and also for defendants, because as I said in my statement, it is possible that people will be detained in custody for longer, so the judgment’s practical effects will have implications for both civil liberties and the sensible operation of police bail.

David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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Does my right hon. Friend agree that judgments such as this, which fly in the face of common sense, run the risk of bringing our justice system into disrepute? How can someone who is free possibly be judged to be inside? At this rate, all our prisons are going to be empty.

Lord Herbert of South Downs Portrait Nick Herbert
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I think that the best way that I could respond would be by quoting the legal expert Professor Michael Zander QC, whom my hon. Friend may have heard on the “Today” programme this morning. He said:

“The only justification for the ruling is a literal interpretation of the Act which makes no sense”.