§ 3.27 p.m.
§ Lord Mishcon asked Her Majesty's Government:
§ Whether, in view of the concern expressed by leading lawyers and the public at large concerning the appeal procedure in the criminal law, and specifically concerning the Court of Appeal, they will bring in legislation for reform, or set up a Royal Commission to inquire into these matters.
§ The Lord Chancellor (Lord Mackay of Clashfern)My Lords, Her Majesty's Government are considering carefully how those concerns should be addressed. Although the Question does not refer specifically to the case presently being heard by the Court of Appeal Criminal Division it is clear that there is a very clear connection. We consider that it would therefore be very unwise for us to express our intentions on how those concerns should be addressed until the court intimates the result it has reached in that case.
§ Lord MishconMy Lords, is the noble and learned Lord aware that I specifically did not mention any case in my Question? Does he acknowledge that there have unfortunately been many cases of miscarriage of justice which have already been decided and deliberated upon, and that eminent lawyers such as the noble and learned Lord, Lord Scarman, have made pronouncements about the need for reform and for a commission? Does the noble and learned Lord not think it appropriate to make a definite statement of policy at long last? If not, is he saying that immediately after the present case is concluded it would be his intention to make a statement?
§ The Lord ChancellorMy Lords, as I said in my original Answer, the noble Lord's Question does not refer to the case which is pending. I acknowledge that. However, the matters are clearly connected with the case which is pending and therefore we consider it unwise to express our intentions until that case is concluded. Obviously, when the case is concluded that obstacle to expressing our intentions will have been removed and the answer will be different.