HC Deb 27 February 1964 vol 690 cc605-7
9. Mr. Abse

asked the Secretary of State for the Home Department whether, in view of concern about the contents of the Home Office Circular 31/64, being the publication containing the new Judges' Rules and Administrative Directions to the police, he will introduce legislation to govern the rights and duties of police officers when questioning any person from whom they may believe useful information leading to discovery of offenders may be obtained.

The Secretary of State for the Home Department (Mr. Henry Brooke)

No, Sir.

Mr. Abse

Is not the Home Secretary aware that there has been considerable criticism of these Rules by the police and by lawyers, who are concerned both as to their content and their practicability? Would it not be desirable to afford this House an opportunity for public debate of Rules that fundamentally alter the law on the admissi- bility of evidence? Is not it desirable that we should not abdicate the responsibilities of this legislature in matters affecting the liberties of the subject to people whose job it is not to make the law of this land?

Mr. Brooke

I do not, of course, control the debates in this House, but the Judges' Rules give guidance on the circumstances in which evidence would be regarded by the judges as admissible or not admissible, and the judges can exercise their discretion to determine whether the evidence in a case should or should not be admissible. I doubt whether we could get the same flexibility with any statutory rules.

Mr. Fletcher

Does the right hon. Gentleman realise that these Rules do not merely affect the admissibility of evidence in court but also affect the whole question of how suspected persons should be dealt with while in custody? Does he now realise that these new Rules have been severely criticised—and I would emphasise this—by the police themselves, and by lawyers, the Law Society, and others concerned with the administration of justice? Does he not agree that a matter of this kind, which is in the nature of legislation, should be fully ventilated by this House at an early opportunity?

Mr. Brooke

I saw criticism from both sides when the Rules were first promulgated, but, surely, the right course is to see how they work in practice, and then consider the matter.

10. Mr. Abse

asked the Secretary of State for the Home Department why notices describing the rights and facilities available to persons in custody in police stations in the Metropolitan area were not on display by 27th January, 1964, as required by the administrative directions circulated by him; and whether such notices are now on display at all police stations in the Metropolitan area.

Mr. Brooke

As soon as it was known that the new Judges' Rules were to come into operation on 27th January, immediate steps were taken by the Metropolitan Police to have the new notices printed and displayed. The notices were distributed on 31st January, and have since then been on display in all Metropolitan Police stations.

Mr. Abse

Is the Home Secretary aware that, whatever may be occurring in London, there seems to be good ground to believe that these notices are not being widely distributed throughout the country? Would he be prepared to give administrative instructions to make sure that the notices—which it is suggested within the administrative regulations should be in every police station—are there, so that there should be no appearance of oppressiveness against anybody now in custody?

Mr. Brooke

The Rules should appear everywhere. I do not think that I have power to give directions to the provincial police forces in these matters, but I shall certainly bring what the hon. Gentleman says to the attention of Her Majesty's Inspectors of Constabulary.

Mr. Fletcher

To take a specific case, can the right hon. Gentleman give an assurance that all persons in custody are informed that one of his own Rules—Item No. 7—is to the effect that any person in custody should be allowed to speak on the telephone to his solicitor or to his friends, and that that notice is brought home to anybody in custody?

Mr. Brooke

Yes, sir. That is one of the objects of these Rules. The notices are on display throughout the Metropolitan police stations, and I have every reason to believe that they are also displayed throughout the provincial forces.