Policing and Crime Bill

Lord Wilson of Tillyorn Excerpts

Committee: 3rd sitting (Hansard - part one): House of Lords
Wednesday 2nd November 2016 Lords Chamber

[Lord Campbell of Pittenweem (LD)]

My Lords, there is a serious risk of agreement breaking out. I will make one point, if I may, as the only Scottish lawyer, I think, in the Committee. It is important to remember that the verdict of not proven occurs after trial and trial takes place only if there is a reasonable prospect of conviction and, of course, it is in the public interest. So the standard is slightly different but that does not in any way undermine my support for what the noble Lord, Lord Marlesford, said. There is absolutely no doubt that inferences can be drawn from “insufficient evidence”. Indeed, the way in which the language is sometimes placed in a paragraph or a sentence goes a long way to suggesting that that may have been the conclusion of the prosecuting authorities but the police may feel rather differently. From that point of view, it seems to me that “lack of evidence” provides a pithy and succinct way of dealing with an issue that is all too common, particularly in relation to public figures.

[Lord Wilson of Tillyorn (CB)]

My Lords, I have not spoken before on this Bill but I will speak very briefly in support of the amendment moved by the noble Lord, Lord Marlesford. There is no need to name names. All of us in your Lordships’ House know of people who have been mistreated over the past months in the way that their cases have been dealt with and summed up by the police. The reputations of some very distinguished people have been damaged as a result. If those people have been treated in that way, there must be many others who have been treated similarly.

I confess to some doubts about whether legislation is the right way to deal with this. It seems a very large sledgehammer for what should be a small nut but it has been a terribly resistant nut and perhaps we have to use legislation. One would have thought that something like Standing Orders would be sufficient. But if this amendment is put to your Lordships’ House, I would support it.

[Lord Elystan-Morgan (CB)]

My Lords, I feel very privileged to add my humble voice to the very distinguished voices that have already spoken on this matter. Many, many years ago, in what was then the old Wales and Chester Circuit, a verdict was returned by a jury in south Wales: “just a little bit guilty”. That was in a trial so not dealing with exactly the same issue that is now before the Committee. We must be very careful not to have a wording that suggests that there may be just a little bit of evidence and no more. I am not exactly sure how that should be worded but I am sure that it is not beyond the wit of draftsmen to bring it about. Whether it should be by way of statute or some administrative provision, I leave to the good judgment of those concerned.