HC Deb 02 March 1978 vol 945 cc648-9
9. Mr. Douglas-Mann

asked the Secretary of State for the Home Department whether he contemplates any amendment or provision for the stricter enforcement of the Judges' Rules.

Mr. Merlyn Rees

No, Sir. These are matters central to the task of the Royal Commission on Criminal Procedure. I intend, however, to reissue in one publication the Judges' Rules, the administrative directions to the police and the relevant Home Office circulars, and to draw to the attention of all concerned the importance of the rules.

Mr. Douglas-Mann

That notification is welcome, but would not my right hon. Friend agree that the most effective way of ensuring that the Judges' Rules are observed instead of being disregarded, as they frequently are, would be to make provision for evidence obtained in breach of the Judges' Rules to be prima facie inadmissible? Will he suggest to the Royal Commission that it should take that suggestion into account?

Mr. Rees

We have the Royal Commission, and my hon. Friend is active in legal circles concerned with this issue. I hope that he and others will give evidence to the Royal Commission. After all, that is what it is for. I shall shortly be issuing a circular under Section 62, which will be relevant to this issue and the discussions that have taken place throughout the country with police forces. It will be issued during April.

Mr. Sims

Is the right hon. Gentleman aware that the rule whereby a juvenile cannot be questioned unless his parents are present can inhibit police inquiries in circumstances in which the parents cannot be traced or are unwilling to go to the police station? Is there not a case for adjusting that rule to allow for a third party to be available to be present for such inquiries?

Mr. Rees

Perhaps the hon. Gentleman will look back at the debate on Section 62 and consider the circular that I am shortly to issue. When he has done so, that will be the time to raise the matter. The balance between what he is concerned about and freedom is one of importance, and we are trying to get the best of both worlds.

Mr. Gould

Is my right hon. Friend aware that there is great concern at the growing police practice of holding people in custody without arrest or charge and at the recent instances of the ineffectiveness of habeas corpus applications to secure remedies against these abuses of Executive power?

Mr. Rees

If my hon. Friend can bring to my notice an example that is within my responsibility, I shall talk to the police force concerned and get its view on it. I am sure that he will do that.