HC Deb 09 March 1995 vol 256 cc444-5
2. Mr. James Hill

To ask the Secretary of State for the Home Department what assessment he has made of the effect of the Criminal Justice and Public Order Act 1994 against crime; and if he will make a statement.

The Secretary of State for the Home Department (Mr. Michael Howard)

The Act received Royal Assent only last November, and it is too soon to say what effect it has had, but I am confident that, as the Police Federation has said, it will

enhance the stature and ability of the criminal justice system to reduce crime, bring criminals to justice and significantly reduce the fear of crime, thereby improving the quality of life for many members of society".

Mr. Hill

Does my right hon. and learned Friend agree that in some cases the law seems to protect the yobbos? I refer to the case in which a person who harassed a family, threatening to throw a baby out of a railway carriage, but was not punished; the policeman who hit the person doing the harassing was fined £150 while the young yobbo got away scot free. For the sake of the British public, we have to tighten up on that sort of harassment of innocent people by yobbos.

Mr. Howard

While I entirely understand the indignation that my hon. Friend expresses, which I am sure will be felt by many people, he will appreciate that I cannot comment on individual cases, especially as I remain the final appellate authority for police disciplinary matters. My hon. Friend will also understand that the Crown Prosecution Service and the courts are independent and that I have no responsibility for them.

Mr. Bermingham

As certain provisions of the Criminal Justice and Public Order Act 1994 are not yet in place, in so far as they are not yet operative, will the Home Secretary reconsider the caution and the right to silence in the light of recent rulings by the European Court to the effect that there is a right to silence?

Mr. Howard

About two thirds of the Act are in force and I have no plans to look again at the caution or the changes that we have made to the so-called right of silence. I am confident that they do not conflict with any of our international obligations.

Mr. Congdon

Does my right hon. and learned Friend agree that it is important that the courts use positively and purposefully the stronger powers given to them, especially in dealing with young people, and that the public are sick and tired of seeing young offenders—and young thugs, in particular—apparently walking away scot free from our legal system?

Mr. Howard

Yes, Madam Speaker.