HL Deb 22 July 1988 vol 499 cc1643-6

194 After Clause 131, insert the following new clause:

Assistance to Isle of Man and Channel Islands.

'In subsection (1) of section 2 of the Criminal Justice Act 1987 (investigation powers of Director of Serious Fraud Office) after the word "above," there shall be inserted the words "or, on a request made by the Attorney General of the Isle of Man, Jersey or Guernsey, under legislation corresponding to that section and having effect in the Island whose Attorney General makes the request,

195 Insert the following new clause:

Transferred charges.

'(1) The Criminal Justice Act 1987 shall be be amended as follows.

(2) In section 4(1) (under which, on a notice of transfer in a fraud case, the functions of a magistrates' court, subject to certain exceptions, cease in relation to the case) after "5(3)" there shall be inserted", (7A).

(3) In section 5 (notices of transfer—procedure)—

  1. (a) in subsection (4), for the words "without the person charged" there shall be substituted the words "in relation to a person charged without his";
  2. (b) in subsection (5)(a), for the word "charged" there shall be substituted the words "in question";
    3. 1644
  3. (c) in subsection (6)—
    1. (i) for the words "the person charged" there shall be substituted the words "a person to whom it relates"; and
    2. (ii) for the words "examining justices" there shall be substituted the words "a magistrates' court";
  4. (d) in subsection (7)—
    1. (i) for the words "charged" there shall he substituted the words "to whom the notice of transfer relates"; and
    2. (ii) for the words "examining justices" there shall be substituted the words "a magistrates' court";
  5. (e) in subsection (8)(b), for the words "whose written statement is tendered in evidence for the purposes of the notice of transfer" there shall be substituted the words "indicated in the notice of transfer as a proposed witness;" and
  6. (f) in subsection (9)(a)—
    1. (i) in sub-paragraph (i), for the words "the person charged" there shall he substituted the words "any person to whom the notice of transfer relates"; and
    2. (ii) in sub-paragraph (ii). after the word "the", in the second place where it occurs, there shall he inserted the words "place specified by the notice of transfer as the".

(4) The following subsection shall be inserted after section 5(7)— (7A) If the notice states that the requirement is to continue, when a person to whom the notice relates appears before the magistrates' court, the court shall have—

  1. (a) the powers and duty conferred on a magistrates' court by subsection (3) above, but subject as there provided: and
  2. (b) power to enlarge, in the surety's absence, a recognizance conditioned in accordance with section 128(4)(a) of the Magistrates' Courts Act 1980 so that the surety is bound to secure that the person charged appears also before the Crown Court.".

(5) The following section shall be substituted for section 6—

Applications for dismissal.

"6.—(1) Where notice of transfer has been given, any person to whom the notice relates, at any time before he is arraigned (and whether or not an indictment has been preferred against him), may apply orally or in writing to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial for the charge, or any of the charges, in the case to be dismissed; and the judge shall dismiss a charge (and accordingly quash a count relating to it in any indictment preferred against the applicant) if it appears to him that the evidence against the applicant would not be sufficient for a jury properly to convict him.

(2) No oral application may be made under subsection (1) above unless the applicant has given the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial written notice of his intention to make the application.

(3) Oral evidence may be given on such an application only with the leave of the judge or by his order, and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so.

(4) If the judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but he does not do so, the judge may disregard any document indicating the evidence that he might have given.

(5) Dismissal of the charge, or all the charges, against the applicant shall have the same effect as a refusal by examining magistrates to commit for trial, except that no further proceedings may be brought on a dismissed charge except by means of the preferment of a voluntary bill of indictment.

(6) Crown Court Rules may make provision for the purposes of this section and, without prejudice to the generaliity of this subsection—

  1. (a) as to the time or stage in the proceedings at which anything required to be done is to be done (unless the court grants leave to do it at some other time or stage);
  2. (b) as to the contents and form of notices or other documents;
    3. 1645
  3. (c) as to the manner in which evidence is to be submitted: and
  4. (d) as to persons to be served with notices or other material.'

The noble Earl said: My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 194 and 195, which can be discussed with Amendments Nos. 217, 360, 361, 373, 395 and 422. This group of amendments makes a number of detailed changes to the Criminal Justice Act 1987. Noble Lords will remember that the Act was passed with the co-operation of all sides shortly before the general election. We were grateful then for the co-operation given by your Lordships in considering that Bill so quickly. But we have found in preparing the secondary legislation which was needed for the new procedures that there are a number of defects in the Act. These amendments put them right.

Moved. That this House do agree with the Commons in their Amendments Nos. 194 and 195.—(Earl Ferrers.)

Lord Harris of Greenwich

My Lords, I should like to make a number of observations on these amendments. First of all, I think it is perfectly right for the director of the Serious Fraud Office, if invited by the insular authorities in Jersey, Guernsey and the Isle of Man, to do his best to help them. Incidentally I should like to say to the noble Earl—I am sure he will be able to reassure me on this point—that I assume we shall he repaid for this service by the Jersey, Guernsey and Isle of Man authorities.

The reason I think it right to give the Government this power is because inevitably the police forces in these three islands, or I should say these three communities, are rather small. They do not have sophisticated services available to them. Inevitably when one is dealing with highly complicated fraud it is essential to have available the best expertise one can obtain.

However, it would only be right to draw to the attention of the noble Earl, if he has not seen it, the extremely interesting answer given me by the noble and learned Lord the Lord Chancellor about the position of the staffing of the Serious Fraud Office. The noble and learned Lord is not responsible for the office; the Attorney-General is. His answer this week indicated that the 1987 White Paper on public expenditure said that the establishment of the Serious Fraud Office was 79. There are unhappily only 55 officers now in post. Of these one is on loan from the Crown Prosecution Service. Nine positions are filled by agency staff.

By way of comment, it is only right to say that we supported the Government when they announced to Parliament first the establishment of the Crown Prosecution Service and secondly that of the Serious Fraud Office together with their range of responsibilities. Unhappily in both cases adequate resources have not been provided for them to do their job. It seems to me deeply regrettable that following a major inquiry by the noble and learned Lord, Lord Roskill, the Serious Fraud Office is denied the resources that should be available to it. It is now to be asked to take on an additional responsibility.

One cannot underestimate the possible degree of that responsibility. There has been abundant evidence in the last few years, as the noble Earl will be aware, in all three of these island communities, of the existence of a substantial drug trafficking problem relating to money laundering. There has also been substantial evidence of fraud, some of it associated with that money laundering.

The director of the Serious Fraud office will now be asked to take on additional responsibility when pitifully inadequate resources are provided for his existing responsibilities within the United Kingdom. This is an issue deserving serious attention from the Government in order to deal with a very real problem.

Earl Ferrers

My Lords, I am grateful to the noble Lord, Lord Harris of Greenwich, for his remarks. He asked about Jersey, Guernsey and the Isle of Man. We are discussing with the island authorities detailed arrangements for mutual co-operation. I shall certainly draw the noble Lord's view to the attention of my right honourable friend the Attorney-General.

The noble Lord, Lord Harris of Greenwich, referred to the problems of drug trafficking and so forth. He expressed his concern that this was increasing and that it was a considerable expense. This is a matter with which we are deeply concerned. I realise that the noble Lord thinks that we may not have enough financial provisions for that. But this is a matter that we shall keep under control.

Lord Harris of Greenwich

My Lords, is the noble Earl aware that in the case, for instance, of prisons, where the prison service in this country harbours longer-sentence prisoners from Guernsey, Jersey and the Isle of Man, there is, quite properly, a repayment arrangement?

The Serious Fraud Office already has, as I have said, woefully inadequate responsibility. If it is to be asked to take on additional responsibilities, it is absolutely essential that that should be done on a repayment basis. I hope that the Minister will write to me about this issue so that this matter can be clearly established.

Earl Ferrers

My Lords, the noble Lord raises an important point. I shall go into the detail of it and write to him about it.

On Question, Motion agreed to.