HC Deb 09 June 1980 vol 986 cc25-6
30. Sir Anthony Meyer

asked the Attorney-General whether he will review the law governing private prosecution in cases of alleged thefts from retail stores.

The Solicitor-General

My right hon. and learned Friend the Attorney-General is satisfied with the system as it operates at present. Both the Director of Public Prosecutions and my right hon. and learned Friend the Attorney-General are always willing to consider the facts of any particular case referred to them.

Sir A. Meyer

Does my hon. and learned Friend think that it is right that certain stores, most notably the Army & Navy, should be able to pursue a policy of automatic prosecution for shoplifting offences without making any attempt to satisfy themselves that there has been any intention to steal? Does my hon. and learned Friend accept the consequential damage to the reputation of people who have done the State some service?

The Solicitor-General

I am sure that my hon. Friend will agree that it would be wrong of me to comment on any particular cases. However, I can answer the substance of what he has in mind. Mere possession of goods is not enough. If prosecutions were launched automatically without reference to the question of intention that, of course, would be open to criticism. Intention is an essential element. Anyone who undertakes or contemplates undertaking the duty of prosecuting should satisfy himself that there is evidence of intention. It is then for the jury or the magistrate to decide whether that evidence of intention is adequate. Finally, of course, the court has a further power to deal with the matter through costs if it forms certain views about the prosecution.

Mr. Lawrence

Is my hon. and learned Friend aware that if there is any impli- cation in the question of my hon. Friend the Member for Flint, West (Sir A. Meyer) or, earlier, of my hon. Friend the Member for Christchurch and Lymington (Mr. Adley) that police officers deliberately either introduce prosecutions or ask for pleas of guilty in cases where they know that the accused is innocent, that is utterly preposterous? If the defence in summary cases, many of which are shoplifting cases, were provided with the statements for the prosecution, that would substantially assist in the administration of justice and the speedy conviction of the guilty.

The Solicitor-General

On the first question, I am happy to repeat that it would be wrong for anybody to bring pressure to bear upon any accused person, in any circumstances, including prosecutions for this offence, to plead guilty when there is any doubt whether that is the right course to take.

On the second matter, I should be happy to give my hon. Friend a substantial answer if he would care to talk to me about it afterwards.

Mr. John Morris

On a point of order, Mr. Speaker. In view of the Solicitor-General's reply to my question on jury vetting on 28 April that the Attorney-General would like to deal with these matters personally, may I ask whether the Attorney-General has given notice that he intends to deal with and ask permission to answer question No. 31 today?

The Attorney-General

Further to that point of order, Mr. Speaker. I had intended to make a statement today, but the House will recollect that only last week there was a decision in the Court of Appeal. I am considering that matter in consultation with my right hon. Friends. I still hope to make a statement at the earliest possible moment.