John Downey

Michael Ellis Excerpts

Wednesday 26th February 2014 Commons Chamber

[The Attorney-General]

Can I try to deal with both matters in turn? I disagree with the hon. Gentleman’s characterisation that the court’s decision is in some way an infringement of the rule of law. I recommend, if he wishes, that he read the judgment. Far from its being an undermining of the rule of law, I have to say, while it may be a result with which I am uncomfortable and would hope that it might have been otherwise, it is actually an upholding of the principles of the rule of law, even when it has an outcome that we may find extremely uncomfortable, because it emphasises the fairness at the heart of our criminal justice system. As for the other matters that the hon. Gentleman raised, it seems to me that they are matters, as I said earlier, for wider debate.

[Michael Ellis (Northampton North) (Con)]

Having worked in the criminal justice system for over 15 years, and having dealt with applications to stay prosecutions, this strikes me as an appalling travesty of justice. May I press my right hon. and learned Friend about the prospect for an appeal? Stays of prosecutions and stays of proceedings can be reversed by the Court of Appeal. These things are open to different interpretations by different judicial persons. The terminology in the letter might possibly be open to an alternative interpretation, and the source of the letter is questionable as not having come ostensibly from a prosecutorial authority. Will he not reconsider the possibility of an appeal to the Court of Appeal against this stay?

[The Attorney-General]

I have to say to my hon. Friend that, in any event, it is a decision that has been made by the Crown Prosecution Service and me. I have explained the reasoning behind it, and I believe that our decision is the correct one.