Criminal Cases Review Commission (Information) Bill

Debate between William Wragg and Wayne David

Wednesday 20th January 2016 Public Bill Committees

[William Wragg (Hazel Grove) (Con)]

It is a pleasure to serve under your chairmanship, Mrs Main, and an honour to present the Bill to the Committee. We heard excellent speeches on Second Reading from several of my hon. Friends and the shadow Minister. I thank them heartily for their interventions, which were succinct and apposite—I could not have thought of better ones if I had tried.

I shall outline briefly the Bill’s purpose. In essence, it will redress a legislative oversight from 1995, when the Criminal Cases Review Commission was established. After some delay, it will give the commission much-needed powers to request evidence from private sources The CCRC is the non-executive body charged with investigating alleged miscarriages of justice, which involves it seeking a range of evidence and information, often going back years. Its skilled investigators, caseworkers and commissioners do this important work.

In the course of its work, the CCRC will look at information and evidence from a range of sources, including the police, the prison and probation services, the NHS, local authorities and other public sector sources. The power to request that information, subject to judicial safeguarding, is set out in section 17 of the Criminal Appeal Act 1995. However, sometimes the CCRC will also be interested in looking at information and evidence held by private sources, be they individual witnesses, solicitors, private security firms, private medical practitioners, or, increasingly, establishments that were once in the public sector, such as the Forensic Science Service. Until now, the CCRC has relied on co-operation and voluntary disclosure because it has no formal power to require evidence to be disclosed. The Bill therefore will amend the 1995 Act to allow the commission to subpoena evidence from private sources. Critically, as set out in clause 1(1), that power will be subject to the safeguards of judicial oversight and a Crown court order, so the CCRC could compel a private individual or organisation to provide material only by order of the court. Privacy is further protected under subsection (3).

The CCRC agrees that such a process will be appropriate. As with its current practice when preserving public body material under section 17 of the 1995 Act, the commission will not seek to exercise its functions unreasonably or disproportionately. Furthermore, the commission and the Ministry of Justice believe that having the power on the statue book will be enough to persuade many private bodies to co-operate with the CCRC voluntarily.

[Wayne David (Caerphilly) (Lab)]

It is a pleasure to serve under your chairpersonship, Mrs Main. The Opposition wholeheartedly welcome and fully support the amendments to the 1995 Act proposed in the Bill. Perhaps it would help our proceedings if I put my questions collectively at the end and allow the clauses to be taken formally. Is that possible?