Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Code E) Order 2015

Viscount Simon Excerpts

Monday 7th December 2015 Grand Committee

[Lord Paddick (LD)]

My Lords, having been a police officer for more than 30 years, I feel qualified to speak on this subject. This is a welcome approach that will cut down on unnecessary bureaucracy. It seems counterproductive that we allow police to dispose of minor offences on the street but PACE, in its previous incarnation, required an audio recording of the interview, which is clearly not practical in many cases—although, with the increasing use of body-worn cameras by police officers, this may become less of a problem.

As for possession of cannabis, having been instrumental in the move towards street disposal of that offence, I cannot help but be supportive. My only concern is about theft offences. This offence involves dishonesty and, therefore, there are implications for the future of the individual. Because the individual is perhaps dealt with informally—it will be a formal disposal but on the street—additional safeguards may be necessary. But again, on low-level criminal damage, I do not have too many concerns. I also appreciate that there are safeguards, for example, in the case of vulnerable people, where an appropriate adult would need to be present and these changes would not apply. Generally, we support these changes.

[Viscount Simon (Lab)]

My Lords, first, would I be right in thinking that the only way one can check the records for a first-time offence is via the police radio? Secondly, on cannabis, how will the police establish whether it is first-time use? Otherwise, I support this order.

[Lord Kennedy of Southwark (Lab)]

My Lords, this order, which the Opposition support, makes important changes by excluding four offences from the code, as referred to by the noble Lord, Lord Bates, in his opening remarks. It will allow officers to deal with the offence at the scene of the crime rather than by bringing people to the station, if the officer deems that to be the correct course of action. Will the noble Lord confirm whether this has been piloted? If so, why have we not waited until we have the results of those pilots? I would be interested to find out about that.

Will the Minister tell us a bit more about why these four offences were selected and which offences were not selected? I know the Minister said there was a review, but it would be interesting to know the thinking on that.

Finally, will the Minister comment on the pilot scheme on body-worn cameras which was referred to by the noble Lord, Lord Paddick? In future, concerns about the lack of a definitive record may be resolved by the record on camera at the scene of the offence. However, we fully support the order.