§ Mr. LepperTo ask the Solicitor-General if he will make a statement concerning the Crown Prosecution Service as prosecuting authority and the case of Senator Pinochet. [106948]
The Solicitor-GeneralThe Crown Prosecution Service as prosecuting authority for England and Wales has advised the Metropolitan Police Service that the material provided by the Kingdom of Spain for the purposes of the extradition proceedings would not be admissible in a criminal prosecution in England and Wales and could not be put into admissible form without a full police investigation. On the material presently available to the CPS, therefore, there is no realistic prospect in this jurisdiction of convicting Senator Pinochet of any criminal offence.
The Crown Prosecution Service has also advised the Metropolitan Police Service that, in view of the independent medical report on Senator Pinochet commissioned by the Home Secretary and taking into 337W account representations made to the Home Secretary concerning the reports, no court in England and Wales would allow a trial of Senator Pinochet to take place, whatever the evidence.
The CPS advised the police further that the allegations contained in the Swiss, both French and both Belgian requests did not disclose offences which could be tried here since the conduct alleged in each of the requests occurred before the relevant legislation came into force.
I was consulted about this matter by the DPP and agree with these conclusions.