§ 20. Mr. Rankinasked the Secretary of State for Scotland if, in view of the judgment of the High Court of Justiciary, delivered on 3rd December last, in the matter of a contempt of court, restricting 1232 the rights of a person accused of a crime or offence to make inquiries relative to his defence, he will introduce legislation to clarify the law on the subject.
§ Mr. MaclayThe judgment of 4th December concerning the Scottish Daily Mail, which I assume that the hon. Member has in mind, does not appear to me to limit the rights of the defence in any way.
§ Mr. RankinIs the right hon. Gentleman aware that I have not in mind any newspaper, and particularly the one to which he refers? Does he realise that, in his judgment, Lord Clyde has laid it down that all criminal investigations must be carried out exclusively by the criminal authorities, and that the facts discovered are not to be made public until the ultimate trial takes place? While I agree that certain Press organs have brought this judgment on their own heads and may well deserve it, does not the right hon. Gentleman realise that it has much wider implications, and that, apart from the Press altogether, it may limit the rights of the defence when the trial takes place? That is the point to which I should like the Secretary of State to address himself.
§ Mr. MaclayI should be very glad to send the hon. Gentleman a full copy of the judgment, and I believe that, if he reads it carefully, he will realise that the judgment does not bear the implications which he suggests. I think that it is a very important matter. The judgment actually says
All these investigations … and all these interrogations of possible witnesses should be done by the criminal authorities, and not by the Press. … Any independent interviewing of possible witnesses by representatives of the Press while the investigations by the Crown Authorities are in progress constitutes an interference with the Authorities' public duty. …Those are the full words.