HL Deb 28 March 1968 vol 290 cc1121-3
LORD WILLIS

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government what further guidance they intend issuing to chief officers of police, so that any doubts they may have about their duty and responsibility under Section 49(3) of the Police Act 1964 may be cleared up.]

THE MINISTER OF STATE, HOME OFFICE (LORD STONHAM)

My Lords, following a recent undertaking given in connection with the case of Frederick Charles Luckhurst, my right honourable friend the Home Secretary is seeking the advice of the Attorney General on the possible need for further guidance to chief officers of police on the circumstances in which they should consult the Director of Public Prosecutions.

LORD WILLIS

My Lords, I thank my noble friend for that reply. Would he not agree that there is some urgency in this matter? Is he aware that there are some strong feelings in the police force about the case of ex-P.C. Luckhurst? Is he further aware that the acting Chief Constable of Buckinghamshire did not, in fact, comply with the terms of this section of the Act and that there is a strong feeling in the police that this matter should be dealt with urgently, so that chief constable can know what this section of the Act means?

LORD STONHAM

My Lords, I am aware of the concern in the police and in general about this case and of the need for urgency, and so is my right honourable friend. He will take what action he regards as necessary when he receives the advice for which he is asking. But with regard to the precise application of Section 49(3) of the Act to this this case, I would remind my noble friend that Detective Chief Superintendent Brennan, the officer appointed to conduct the special investigation, considered that the acting Chief Constable of Buckinghamshire was under no compulsion to treat the case as a complaint under Section 49 of the Police Act 1964.

LORD WILLIS

My Lords, is my noble friend aware that there is, however, a strong conflict of opinion about this; and that many leading people in the legal profession believe he was under a strong obligation to report the case to the Director of Public Prosecutions? In view of the doubt about this matter would not my noble friend press the Home Secretary to institute an independent inquiry into the case of ex-P.C. Luckhurst?

LORD STONHAM

My Lords, it is precisely in order to remove any such doubts as the one to which my noble friend referred that my right honourable friend is seeking the advice of the Attorney General. I am bound to say, having studied the facts and the circulars that were issued to the police in 1964 and in 1967, that it is quite clear that the acting Chief Constable was acting within his rights in this matter. With regard to my noble friend's suggestion of an independent inquiry, I will inform my right honourable friend of his views.