Rehman Chishti
Main Page: Rehman Chishti (Conservative - Gillingham and Rainham)Department Debates - View all Rehman Chishti's debates with the Attorney General
John Downey
Rehman Chishti Excerpts(10 years, 2 months ago)
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The Attorney-General
So far as rescinding of the letters is concerned, that is not a matter for me. [Interruption.] No, it is not a matter for me, acting in my capacity; I accept that it could be a matter for Government, but it is not a matter on which I can give such an assurance to the hon. Gentleman.
On the question of case law, let me make the position quite clear. There is very well-established case law about abuse of process, and cases being stopped on the basis of an abuse of process, particularly in relation to assurances given that an individual might not be prosecuted for something, has not just suddenly emerged. It is perfectly well established in our law and indeed is part of our rule of law, for the very good reason that assurances given by public administrations may be binding upon them if they lead somebody to do something to their detriment.
In this case, as I have made clear, we took the view that there were arguments that could properly be put forward to the court that, although there was an error, it did not amount to an abuse of process and was not justified. The court has taken a different view, but I do not think that one can draw general conclusions about other cases from this case, which falls on its own individual facts.
Rehman Chishti (Gillingham and Rainham) (Con)
First, may I applaud the Attorney-General for the way in which he has handled this case by authorising prosecutions? My question relates to what he has just said. If there are other cases with similar circumstances and similar letters, will they still be prosecuted in the light of the judgment and the fact that the Crown Prosecution Service has not challenged that decision?
The Attorney-General
As I have indicated, all the background facts relating to each letter that has been sent will be checked, and that should disclose whether any error has been made. I want to reiterate the point that if it were to emerge that no other letters contained errors the suggestion that those letters in some way amounted to an amnesty simply cannot be right. They would be mere statements of fact, and of the position that existed at the time at which those letters were written.