§ The following Question stood upon the Order Paper:
§ 35. Mr. BOYD-CARPENTERTo ask the Attorney-General whether he is aware of the fact that in the recent case of R. v. Sokol at Leeds Assizes the effect of recent legislation was to prevent any public knowledge of the facts relating to a case of murder being available to the Press and public either at the committal or trial stage; and whether, in view of the need that public justice be seen publicly to be done, he will introduce amending legislation.
§ Mr. SpeakerMr. Roebuck.
§ Mr. Boyd-CarpenterIs it not your intention, Mr. Speaker, to call Question No. 35 in my name?
§ Mr. SpeakerI was informed that the right hon. Gentleman did not wish to put his Question.
§ Mr. Boyd-CarpenterThat must plainly be a misunderstanding.
§ Mr. SpeakerA breach in communications. Mr. Boyd-Carpenter.
§ The Attorney-General (Sir Elwyn Jones)I refer the right hon. Gentleman 790 to the Answer given by my right hon. Friend the Home Secretary to a similar Question by the right hon. Gentleman on 11th April.—[Vol. 762, c. 1574.]
§ Mr. Boyd-CarpenterIs the Attorney-General aware that the Home Secretary's Answer indicated a complete failure to appreciate that recent legislation has left the constitutional principle of public justice being done in public dependent on nothing more than a practice direction? Is not this case an indication of the need for amending legislation?
§ The Attorney-GeneralI do not think so. The Act has been in force for only a very short time. Let us see how it works. If it proves unsatisfactory in operation we shall certainly look at it again.
§ Mr. Alexander W. LyonDoes my right hon. and learned Friend agree that the Sokol case would not have given rise to any public misapprehension if the learned judge in the assize court had permitted the prosecuting counsel to do what he intended to do, namely, to give a summary of the facts, and that there were not committal proceedings in the normal sense in a lower court since the attenuated procedure provided for in the Criminal Justice Act was applied?
§ The Attorney-GeneralI agree with what my hon. Friend said. I hope that the practice direction now given by the Lord Chief Justice has put the matter right.
§ Mr. CarlisleI accept that the practice direction has put right the point raised in the Question, but would not the Attorney-General reconsider amending the Criminal Justice Act to see that in cases where oral evidence is given at the committal proceedings the Press is free to report it in accordance with the principle that justice should be open?
§ The Attorney-GeneralWe discussed this in great detail during the passage of the Act through both Houses. It is prudent to see how it works, and then we shall have another look at it.