HC Deb 04 August 1966 vol 733 cc671-2
27. Dr. Summerskill

asked the Secretary of State for the Home Department if he will initiate discussions with Her Majesty's Judges on the subject of cautions to be administered by police officers to persons suspected of having committed criminal offences with a view to amending or abolishing the present Judges' Rules.

Mr. Taverne

Since the Criminal Law Revision Committee is carrying out a review of the law of evidence in criminal cases, consideration of any possible changes in the procedure followed by the police in obtaining evidence should await its report.

Dr. Summerskill

Will my hon. and learned Friend bear in mind that the operation of the present Judges' Rules encourages crime by tying the hands of police officers, by protecting the guilty, and by discouraging innocent people from giving information to the police investigating a crime?

Mr. Taverne

It may well be the case that at the moment the law of evidence is too heavily weighted in favour of the criminal, but I think that that is a matter which must be very carefully considered. Obviously it will be considered by the Criminal Law Revision Committee, and I think that we should wait until the Committee reports.

Mr. Hogg

Can the hon. and learned Gentleman tell us when we can expect that Report? Is it within the terms of reference of the Committee to raise the whole question of the right of silence of the accused?

Mr. Taverne

I am not sure when the Committee will be reporting, although it is unlikely that it will be reporting this year. Certainly, it is looking at the admissibility of evidence of confessions, and, although I am not absolutely sure, I think that it is also looking at whether or not the accused must make statements.

Mr. J. T. Price

Is my hon. and learned Friend aware of the very unsatisfactory reactions amongst the police forces of this country following the issue of a Home Office pamphlet headed, "How to make a Complaint against the Police", which many of them resent deeply and whose resentment I share, having read the pamphlet. Will he arrange to withdraw it?

Mr. Taverne

My hon. Friend's question is going beyond that which is on the Order Paper. The question of complaints has been dealt with and will be dealt with in answer to other Questions.

Mr. Carlisle

Will the hon. and learned Gentleman agree that the Judges' Rules, to which the Question refers, are a matter for the judges? Would he not consider inviting the Committee of Judges, which, I understand, advises on these matters, to consider reviewing the Rules, in view of the difficulty that the police are having in implementing them?

Mr. Taverne

The Criminal Law Revision Committee is looking at the question of the admissibility of confessions. The Judges' Rules are intimately tied up with that question, and this is eminently a matter for that Committee.

Mr. Sydney Silverman

Will my hon. and learned Friend bear in mind that it is, always has been, and, I hope, always will be a fundamental principle of our law that a man should not be compelled to incriminate himself in any circumstances? If this were only a matter for the judges, the present Rules were made by the judges, and he knows the extent of the dissatisfaction with them on both sides of the House.

Mr. Taverne

We will bear all those considerations in mind when we come to consider the Report of the Committee.