HL Deb 13 May 1980 vol 409 cc95-7
The Marquess of AILESBURY

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

Lord SANDYS

My Lords, it is clearly desirable that the period between the commission of an offence and the service of a summons should be as short as possible, and the police make every effort to achieve this. It is however important for all concerned that each case should be carefully investigated and properly prepared; in some cases this may delay the decision to apply for a summons. Once a summons has been issued, however, arrangements are made to ensure prompt delivery.

The Marquess of AILESBURY: My Lords, I thank the noble Lord for that general reply. However, considering the number of motoring offences which begin with the police warning: "You may be prosecuted ", may I ask the noble Lord this question: If it is right to have a time limit on the period within which the police must initiate proceedings or drop the case—and surely that time limit was put there in the interests of natural justice—how then can it be right or just to follow that by a game of cat and mouse, of unlimited duration, during which nobody bothers to tell the motorist that he is being prosecuted? And when, months later, he is finally let into this little secret, does the noble Lord suppose that that kind of treatment will have encouraged in him a proper co-operative attitude towards the police who are operating this system?

Lord SANDYS

My Lords, it is standard police practice to warn a suspected offender that the facts of the case will be reported. In a small number of road traffic offences which do not involve an accident, Section 179 of the Road Traffic Act 1972, as amended, provides that a conviction cannot be secured unless the offender is warned at the time that prosecution for a particular offence, or offences, will be considered or a summons or notice of intended prosecution will be issued within 14 days. That is the established practice. The noble Marquess will be aware that the Royal Commission on Criminal Procedure is sitting at present. It has, I understand, completed taking its evidence. If, however, the noble Marquess wishes to draw the attention of the Royal Commission to some further aspect, we will attempt to make available facilities for doing so.

Lord ELWYN-JONES

My Lords, in cases other than traffic cases, is the noble Lord able to say whether there are statistics to show what is the average time between the alleged offence and the serving of a summons? It does seem intolerable if it runs to months and months.

Lord SANDYS

My Lords, the noble and learned Lord, Lord Elwyn-Jones, will be well aware from his former office of the great difficulties surrounding the arrangement of the affairs of courts and the administration of justice. As it happens, I do not think that there is a sufficient amount of statistical evidence on hand at the moment to provide the noble and learned Lord with a satisfactory answer, but I shall make inquiries and will attempt to communicate with him.

Lord ELWYN-JONES

My Lords, if the noble Lord will forgive me, this is not really a problem for the courts. The interval between the alleged offence and the serving of a summons is in the hands of the police.

Lord SANDYS

My Lords, your Lordships will of course be aware that circumstances vary from district to district, I should not like to commit my right honourable friend to any matter in this regard.

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