HC Deb 10 January 2002 vol 377 cc670-2
36. Mr. Neil Turner (Wigan)

What assessment she has made of the impact on the work of the Crown Prosecution Service of implementing the proposal of the Auld report that the previous convictions of defendants be disclosed at trial. [23872]

The Solicitor-General

In his review of the criminal courts, Lord Justice Auld recommended that consideration be given to the Law Commission proposal on evidence of bad character as part of a review of the law of evidence more generally. The CPS is consulting its prosecutors about the implications of different approaches to admitting evidence of previous convictions.

Mr. Turner

I thank my right hon. and learned Friend for that answer. Anything that allows the CPS to make more prosecutions must be welcomed, but if convictions are made known to the court prior to witnesses giving evidence, might that make them less liable to come forward? Is that a possible drawback of any change to the system?

The Solicitor-General

My hon. Friend makes an important point. The provision to the jury of evidence of previous misconduct—previous convictions—is an issue not only in relation to the defendant but in relation to defence witnesses. Should the jury know about their previous convictions? All those issues are within the scope of the Law Commission's report and recommendations, and all have been looked at by the Auld report, consultation on which will finish at the end of January. There has also been regional consultation, in which evidence has been discussed.

The Government will consider all the information coming from the wide-ranging consultation and we will publish a White Paper. One of the things contained within that will be the way in which we deal with the issue so that we have simpler, clearer and more predictable rules of evidence in relation to previous convictions, which command public confidence.

Simon Hughes (Southwark, North and Bermondsey)

Does the Solicitor-General have figures for the trials that already have disclosure of previous convictions and for trials in which the defendant's previous convictions have not been disclosed under the present rules? I ask because the right hon. and learned Lady will be aware that there is great concern about any significant change in the proposition that somebody should be tried without knowledge of their previous convictions, because if these are brought in, we hugely increase the chance of a conviction, whether the person is guilty or not.

The Solicitor-General

The Law Commission's proposals—which are still out for consultation—would mean that some previous convictions that are currently admissible would no longer be allowed, and that others that are currently not admissible would be allowed. The situation will change. The Attorney-General and I have asked the Crown Prosecution Service to consider the issue in great detail because the CPS is in court, dealing with issues of evidence. Obviously the CPS and the Government want the system to be fair, clear and understandable; that is also in the public interest. We can all agree that that is not the situation at the moment, but the rights of defendants and the question of bringing offenders to justice must both be considered under the new system.