HC Deb 23 July 1980 vol 989 cc629-32
Mr. Rifkind

I beg to move amendment No. 41, in page 26, line 8, at end insert— '(1A) For the purposes of any summary criminal proceedings, a report purporting to be signed by two authorised forensic scientists shall, subject to subsection (2) below, be sufficient evidence of any fact (or conclusion as to fact) contained in the report and of the authority of the signatories. In the foregoing provisions of this subsection, "authorised" means authorised by the Secretary of State to make a report to which this subsection shall apply.'

Mr. Deputy Speaker

With this it will be convenient to take Government amendments Nos. 42, 44, 45, 50 to 53 and 56.

Mr. Rifkind

The amendment, together with the amendments grouped with it, is designed to simplify the procedure in situations in which there is agreement between the prosecution and the defence on certain routine evidence. They particularly relate to the evidence of forensic scientists. Subsection 1 (A), which applies to summary cases only, provides that a report that has been signed by a forensic scientist shall, when agreeable to the defence, be sufficient evidence.

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As regards solemn cases, the other subsection ensures that where there is agreement between the prosecution and the defence, the report need only be spoken to by one of the forensic scientists during the course of the trial. If the defence is concerned about the evidence in the forensic report and wishes to challenge it, or if it considers it an important part of the evidence, it will be able to indicate that. It will then be necessary for the present procedure to continue. Forensic scientists will not be so adversely affected by the requirements of court time. They are subject to substantial pressure, as there are only a few of them.

This is a constructive, and, we hope, uncontroversial way of ensuring that in non-controversial cases, routine matters—which often form the substance of reports—can be dealt with adequately, and with fairness to all parties. I commend the amendment to the House.

Amendment agreed to.

Amendment made: No. 42, in page 26, leave out line 9 and insert— '(2) Subsections (1) and (1A) above shall not apply to a certificate, or as the case may be report, '.—[Lord James Douglas-Hamilton.]

Mr. Rifkind

I beg to move amendment No. 43, in page 26, line 14, leave out 'date' and insert 'time'.

Mr. Deputy Speaker

With this we may take Government amendments Nos. 49 and 54.

Mr. Rifkind

Clause 26 provides the right for the accused to challenge certificated proof of routine evidence if he gives notice to the prosecution not later than six days before the trial. It gives discretion to the court to allow the accused to challenge such evidence at a later date. We feel that on balance the word "date" could be interpreted too restrictively, and therefore we have replaced it by the word "time". That ensures that the court has the fullest discretion to see that the interests of the accused are properly safeguarded. I commend the amendment to the House.

Amendment agreed to.

Amendments made: No. 44, in page 26, line 18, at end insert 'or as the case may be the fact, conclusion or authority mentioned in subsection (1A) above.'. No. 45, in page 26, line 19, after 'certificate', insert ', or as the case may be report, '.—[Lord James Douglas-Hamilton.]

Mr. Rifkind

I beg to move amendment No. 46, in page 26, line 19, after 'above', insert ', or of a conviction or extract conviction required by subsection (7) below '.

Mr. Deputy Speaker

With this, we may take Government amendments Nos. 47, 57 and 58.

Mr. Rifkind

These are drafting amendments and have no policy implications. Accordingly, I commend them to the House.

Amendment agreed to.

Amendments made: No. 47, in page 26, line 20, leave out 'this' and insert 'that'. No. 49, in page 26, line 37, leave out 'date' and insert 'time'. No. 50, in page 26, line 40, after 'autopsy', insert 'or forensic science'. No. 51, in page 26, line 42, after 'pathologists', insert 'or forensic scientists'. No. 52, in page 27, line 1, after 'pathologist', insert 'or forensic scientist'. No. 53, in page 27, line 1, after 'fact', insert '(or conclusion as to fact)'. No. 54, in page 27, line 4, leave out 'date' and insert 'time'.—[Lord James Douglas-Hamilton.]

Mr. Rifkind

I beg to move, amendment No. 55, in page 27, line 5, leave out 'gives notice' and insert 'serves notice on the prosecutor'. This is also a drafting amendment, and has no policy implications. I commend it to the House.

Amendment agreed to.

Amendments made: No. 56, in page 27, line 6, after 'pathologist', insert 'or forensic scientist'.

No. 57, in page 27, line 9, leave out '(a)'.

No. 58, in page 27, line 19, leave out from 'application' to end of line 28.—[Lord James Douglas-Hamilton.]

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