31. Mr. William O'BrienTo ask the Attorney-General if he will make a statement on the prosecution policy of the Crown Prosecution Service. [12979]
§ The Solicitor-General (Sir Derek Spencer)It is the policy of the Crown Prosecution Service to prosecute all offences where the evidence provides a realistic prospect of conviction and it is in the public interest to do so.
Mr. O'BrienDoes the Minister agree that the service provided by the Crown Prosecution Service to carry out those prosecutions is paid for by the state? Does he accept that my constituent, Mr. Allan Green, who has been granted permission to appeal against a previous conviction, has been denied solicitor services and the facilities of a Queen's counsel? Those services will be provided for the Crown Prosecution Service and, therefore, my constituent is at a disadvantage because of the Government's policies on the Crown Prosecution Service and legal aid for those who appeal. Does the Minister agree that there is a bias in favour of the Crown Prosecution Service? Will he take action to ensure that fairness applies in administrating justice and will be seen to apply in the case of Mr. Allan Green?
§ The Solicitor-GeneralThe hon. Gentleman has been misinformed about the ircumstances surrounding Mr. Green's case. At first instance, Mr. Green had a certificate for two counsel under the legal aid provisions. He could have had a Queen's counsel and a junior, or two juniors; he chose two juniors. When he appealed to the Court of Appeal, the court granted him a certificate for junior counsel. If junior counsel sees fit to write a letter to the Court of Appeal showing that a solicitor's services are 14 necessary for the conduct of the appeal, which is unusual but sometimes necessary, the Court of Appeal has the power to extend the certificate to include the services of a solicitor. Furthermore, if junior counsel writes an opinion saying that the case is one of exceptional difficulty, gravity or complexity, the Court of Appeal has power to extend the legal aid certificate to include the services of Queen's counsel. In that way, the machinery allows absolute equity of representation between the CPS and Mr. Green.
§ Mr. BatisteCan my hon. and learned Friend confirm that the CPS is seeking extended rights of audience for its employees in the courts? Does he share the view of many hon. Members and others outside the House that that would be quite wrong in principle?
§ The Solicitor-GeneralThe matter is being considered at the moment by the Lord Chancellor's advisory committee, chaired by Lord Steyn, who will in due course make the committee's recommendation. That recommendation will then be considered by the designated judges. That machinery has been set up by the House under the Courts and Legal Services Act 1990.
§ Mr. Donald AndersonDid the Solicitor-General note the reference in last week's annual report of the Law Commission to the valiant but failed efforts of the Crown Prosecution Service to adapt the Offences Against the Person Act 1861 to the modern world? In particular, did he note the Law Commission's criticism of the waste of time and money of the CPS, practitioners and judges on "obscure and antique Acts"? Surely now is the time for the House and the Government to respond positively to those criticisms of the Law Commission and to simplify the law. Why not begin with the Offences Against the Person Act 1861 and the recommendations of the Law Commission?
§ The Solicitor-GeneralI read the Law Commission report with great interest having had reason to deal with the Offences Against the Person Act 1861 on many occasions over the years. It is a matter for obvious comment that the language in which it is couched is not the language that people use nowadays. I am sure that my right hon. and learned Friend the Home Secretary will also read that report with great interest and will consider whether he should bring proposals to the House for an updating of the law.