Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, D and H) Order 2016

Viscount Simon Excerpts

Thursday 19th January 2017 Lords Chamber

[Lord Thomas of Gresford (LD)]

My Lords, may I say how much I support the revision of the code of practice? I cannot emphasise enough how welcome these codes were when they were introduced in 1984. Before that, a great deal of time was taken up in the criminal courts with what was called the voir dire—a trial within a trial—to determine the admissibility of police interviews and alleged confessions, and the content of what was said.

I recall, some years after these codes had come into practice and were commonplace in this country, being in Hong Kong, where a confession was produced. I was told by my client that in order to sign it, the interviewing officer had stamped on his hand. I said, “Tell me another one”, and he then pointed to his signature at the beginning of the statement, where he had simply signed in characters, and the very squiggly, spidery signature that appeared at the end. There was a great deal of truth in what he had said, perhaps assisted by the fact that the interviewing officer had committed suicide between taking the statement and the actual trial.

Noble Lords can see that what goes on in the police station is extremely important. The codes of practice that were introduced were an excellent way of making sure there was fairness all round. I am grateful to the Government for continuing to update them and to look at how technology can help protect both the suspect and, of course, the interviewing police officers, against whom allegations of all sorts were made in the past. We very much welcome this.

[Viscount Simon (Lab)]

My Lords, I have just one brief question. Suspects under the age of 18 are to be looked after by the local authority. What security measures will be taken to ensure that they are safe and do not get away?

[Baroness Williams of Trafford]

I thank noble Lords for their questions. Perhaps I can deal with the question of the noble Viscount, Lord Simon, first while it is fresh in my mind. The usual safeguards for young children in detention would be employed to ensure that a young person did not get away.

The noble Lord, Lord Kennedy, asked about the use of live link and whether it would become the norm or used only on limited occasions. The police will use the live-link technology only in certain circumstances judged on a case-by-case basis, taking account of the representation given to the suspect by an appropriate adult and a solicitor. The noble Lord also asked whether the facility would be used only in relation to suspects. I can answer in the affirmative yes, not for the witnesses. He asked about safeguards being ensured and the role of the solicitor. Solicitors must be asked if they wish to make representations to be considered by the police. If there is any doubt the inspector must authorise.

If the noble Lord would like me to go through the conditions, I will do so. Before interview, the suspect’s solicitor, where legal advice is requested, and an appropriate adult for any juvenile or vulnerable adult, must be asked about their views on live-link interpretation. The representations for the interpreter to be present may be made at any time before and during the interview. If there is any doubt about the suspect’s ability to adequately cope with the live-link arrangements during the interview, the physical presence of the interpreter will be required, unless an inspector, having considered the circumstances—in particular, the availability of an interpreter, representations from the suspect’s solicitor, the appropriate adult’s impact on the suspect and the evidential implications—authorises live-link interpretation.