HC Deb 04 December 1958 vol 596 cc1349-50
26. Mr. E. L. Mallalieu

asked the Secretary of State for the Home Department if his attention has been drawn to the remarks of Mr. Justice McNair at Devon Assizes, held at Exeter on Saturday, 8th November last, to the effect that statements prejudicial to an accused person and alleged to have been made in writing by him to the police, otherwise than in the presence of a magistrate, ought not to be accepted by the court as they so often appear to have been prompted and are inherently unlikely to have been composed by the accused; and whether he will introduce legislation to make such statements inadmissible as evidence.

Mr. R. A. Butler

No, Sir. In my view the Judges' Rules, supplemented by the recommendations circulated to the police in 1947 and 1948 with the approval of the then Lord Chief Justice, contain adequate safeguards for the accused. If the procedure has not been observed in a particular case it is open to the defence to challenge the statement and it is for the court to consider whether it is admissible.

Mr. Mallalieu

Is the right hon. Gentleman not aware that records of statements alleged to have been made by accused persons, very much against their own interests, are sometimes given in evidence by two or more policemen, who admit that their records were made several hours after the events which they are supposed to record? Is he further aware that these statements are often in identical terms, in what one might describe as police jargon? Is not the right hon. Gentleman also aware that these very improbable feats of memory, and their language, do no good to the reputation of a force to which we all owe so much? Would it not be better to adopt the suggestion of Mr. Justice McNair, who says that these statements should not be accepted?

Mr. Butler

Mr. Justice McNair was referring to a particular case. I understand that in that case the statement of the accused—which was, as the hon. and learned Member will remember, a complete denial—was not challenged by the defence. If the hon. and learned Member wishes me to look at this question very broadly, leaving this case on one side, I shall be glad if he will submit evidence to me.