Policing and Crime Bill

Lord Elystan-Morgan Excerpts

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

[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.

[Lord Inglewood (Con)]

My Lords, I intervene briefly to say that I, too, support the principle behind my noble friend Lord Marlesford’s amendment. It seems to me that if the principle is that you should be innocent until proved guilty, you should be proved guilty on the evidence and not by innuendo.

Policing and Crime Bill

Lord Elystan-Morgan Excerpts

Report: 1st sitting: House of Lords
Wednesday 30th November 2016 Lords Chamber

[Lord Harris of Haringey]

My Lords, we can all understand what the Government are trying to achieve with this set of clauses. There have been a number of instances where police bail has been erroneously applied, extended far too long, and the results have been unfortunate for the individuals concerned. The question is whether the solution that the Government have come forward with will work. Every other speech so far has highlighted some of the problems that would arise. The Government are also in danger of contradicting their own objectives in other areas. We heard a lot from the previous Home Secretary, who is now in a more exalted position, about the work that had been done to reduce the bureaucracy within the police force. However, we can say now with certainty that this measure will deliver more bureaucracy and waste more time.

I understand that at any one time there are about 80,000 cases where people are on police bail. Because of problems within the forensic services and problems with the CPS, most of those will probably take longer than 28 days to resolve. The Government are saying, “We know there are these problems over here”—I will not suggest that the problems in the forensic service are anything to do with the decisions of the Government in the last Parliament, but they may well have had an impact. The issues around the Crown Prosecution Service and its ability to review and make decisions on cases are also well known. Therefore a significant proportion of those 80,000 cases will have to go for review.

The Government have two choices at this point. They can say, “Ah, yes. Those cases which come up for review will not be time-consuming”. If that is the case and it is a box-ticking exercise—“Superintendent, please sign this form” and that is it—it is of no value whatever. The reality has to be that if you put a break in the system at a certain point, it has to be a real break that takes a proper amount of time. A submission has to be prepared for the superintendent; the superintendent must have time to consider it; and, of course, if one is brought in to answer police bail and have it renewed, that also involves time for the witnesses concerned.

Either this provision is a complete red herring and will not do anything—in which case one has to ask why we are doing it, because it will not solve the problem—or it will impose a significant burden. I would have thought that a possible sensible solution would be for the Government to bring forward an amendment not necessarily to change the system but so that after two years there will be a review of how well it is working, and for the intervening two years to be spent trying to resolve the problem of the length of time it takes to get forensic evidence and the length of time it takes for the Crown Prosecution Service to do its job.

I have some examples of cases that have necessarily taken a significant amount of time. I know I am sometimes criticised for being too London-centric, so these are from Cumbria. One example concerns an individual who was arrested for stalking—a serious offence of harassment. This person was arrested on 15 August and bailed until 24 October but then had to be rebailed to 18 November, which, as noble Lords will notice, is a period substantially longer than the 28 days required in the Bill. That was because the individual’s mobile phone and computer had to be examined by the high-tech crime unit. The phone was analysed in that period but the computer sat in a queue because there were even more egregious and serious cases to be dealt with.

That is not uncommon. Indeed, I have three or four more examples from Cumbria Constabulary alone and I am sure that, if I sought them, I could obtain plenty of others. The number of such delays will increase the more there is a reliance on evidence that requires the analysis of a mobile phone or a computer because there are simply not enough resources available to the police to deal with the analysis. There is another example where the bail lasted for 55 days while awaiting the forensic analysis of a breath test. There may be some internal procedural issues relating to when the laboratories deal with samples but, again, it is a practical issue not in the control of the police. Surely, if we are to resolve the general difficulty, we have to address why these delays are occurring—and occurring outside the hands of the police.

I hope the Government will take this issue away and look at it again. I think we all accept that the worst cases need to be resolved and that things need to improve to make sure that people do not hang around on police bail unnecessarily for lengthy periods. At the same time, imposing an arbitrary limit or process which will either be a complete mirage or fiction, or where a substantial input of resources will be required for something that cannot be achieved because the resources are not available in the forensic services or the CPS, is simply ridiculous.

[Lord Elystan-Morgan (CB)]

My Lords, I whole- heartedly support the amendment. It seems to me that the arguments that have been adduced are utterly overwhelming. The current situation is restrictive, and unnecessarily so. I was greatly impressed by what one might call the testimony of my noble friend Lord Blair, who speaks with an abundance of authority and experience on this matter. It is a nonsense to cling to the present restrictions, which are wholly unjustified. Everything that I saw in the 25 or so years that I served as a judge and a recorder supports that.

[Lord Berkeley of Knighton (CB)]

My Lords, listening to this debate, I found myself wondering, like the noble Lord, Lord Harris, exactly what the Government were hoping to achieve. To be generous, I imagine that they were trying to assist with the rights of the defendant as well as help the police. I can understand if that was the aim but, from what we have heard, neither of those objectives will be secured in this way. Therefore, I hope that the noble Baroness will be able to give a positive reply and that perhaps the Government will put forward their own amendments, as my noble friend Lord Blair suggested.