Criminal Cases Review Commission (Information) Bill

James Berry Excerpts

Friday 4th December 2015 Commons Chamber

[James Berry (Kingston and Surbiton) (Con)]

The rule of law is the bedrock of our society. Relied on at home and aspired to abroad, it is one of the things that defines what it is to live in this great country: to be free under the law. But even in the UK the rule of law can be undermined, and the principal way in which that can happen is through miscarriages of justice. The most famous among them trip off the tongue of any student of criminal law: the Guildford Four, the Birmingham Six, the Maguire Seven and Judith Ward. It is inevitable in a justice system that relies on humans—police officers, prosecutors, judges and juries—that human error and improper motive will creep in. Thankfully, that is rare, but the risk cannot be eliminated in every case.

We maintain the integrity of the justice system as a whole by having a robust system for dealing with miscarriages of justice. There can be no doubt that our Criminal Cases Review Commission does vital work, but it needs tools to do its job, key among which is the power to obtain disclosure. Under section 17 of the Criminal Appeal Act 1995, the commission has the power of disclosure against public bodies. The Bill seeks a modest extension of that power to private bodies and individuals. Quite why private bodies and individuals were not included in section 17 is a mystery. Even to the extent that there were ever a justification for that limitation, it has long ceased to hold good. The exclusion of private bodies is an anomaly that is neither justified nor justifiable today. The Bill promoted by my hon. Friend the Member for Hazel Grove (William Wragg) provides a modest extension to end that anomaly and make sure that the CCRC can, with the consent of a Crown court judge, obtain all the disclosure it needs.

The absence of that power is no imagined difficulty. The briefing note provided by the commission for this debate gives a number of examples of situations where it has not been able to obtain disclosure, and a number of examples of private organisations that it would wish at times to obtain disclosures from. Banks, shops, news agencies, private health clinics, charities, campaign groups and law firms are all private bodies.

[Julian Knight]

Does my hon. Friend agree that, should this Bill be enacted, its very existence will make it more likely that private companies and individuals will co-operate fully and without delay when they receive a request for information from the CCRC?

[James Berry]

My hon. Friend is right. The knowledge that the CCRC will obtain a court order if a request for voluntary disclosure is refused will certainly provide encouragement where needed. All the private bodies I have listed may have that one piece of information that will establish that someone serving a prison sentence has been wrongly convicted. The chairman of the CCRC himself has said that

“you can be confident that there are miscarriages of justice that have gone unremedied because of the lack of that power”

to obtain disclosure from private bodies. My hon. Friend the Member for Hazel Grove has promoted this Bill to end that unacceptable situation and I thank him for doing so. The Bill deserves the unanimous support of this House.