Accused's statements: disclosure (Hansard, 8 March 1999)

Viscount Colville of Culross
My Lords, I hope that the Minister will not accept this amendment. I have seen hundreds of defence statements and the problem with them is not that to which the noble Lord, Lord Cope, referred. He must talk to solicitors, who take these matters extremely seriously. The difficulty is that they are produced by a word processor and contain absolutely no information at all. Therefore anything that would tend to support those who put as little as possible in defence statements would not meet with my approval, and I hope it will not meet with the Government's either.
The idea is that we should have some idea what the defence is. In most cases that does not happen in defence statements.

§ Lord Williams of Mostyn
My Lords, I agree with the noble Viscount and am not inclined to accept the amendment. I understand that the Law Society wants the quality of defence statements improved and that some defence solicitors are afraid that statements may be adduced in evidence in support of the prosecution case. But the noble Viscount is right. One does not simply want a word processor churning out defence statements which not only are of no benefit to the courts but also in many cases are a positive disadvantage to the orderly, efficient and expeditious conduct of court cases.
It is important, as the noble Viscount said, that defence solicitors should provide adequate statements. A failure to comply for one reason or another may well affect secondary disclosure by the prosecution which 77 ought to be made. We are concerned with enforcing a system—the noble Viscount has rightly spoken of this on many occasions—that is not being used and is not being driven in the way intended. This prohibition is much too restrictive. The interests of justice should not be fettered in the way suggested. The admission of defence statements is governed by the normal rules of evidence and the courts' powers to ensure that defendants receive a fair trial, not least by virtue of Section 78 of the Police and Criminal Evidence Act.
However, there may be some situations where defence statements could pass the test of relevance. It may be rare, but the opportunity should be there. We should not fetter the ability of the court, for instance, to examine the accused's alibi. It is difficult for the prosecution sensibly to deploy its case to a jury without adducing the defence statement. The question of admissibility should not be conditional upon the consent of the accused because, echoing the approach of the noble Viscount, that gives a premium to not producing a proper statement.

§ Lord Thomas of Gresford
My Lords, before the noble Lord sits down, I suggest that his officials take a look at the pro forma which is the basis upon which many defence statements are made. It is in the barest skeleton form and if defence statements are to be made use of in this way, then broader directions should be given on the sort of information that is expected.

§ Lord Williams of Mostyn
My Lords, I shall certainly have that looked into. It may be that the noble Lord has a good point and, if so, the remedy may be to expand the pro forma but still leave the power of admissibility with the trial judge.

§ Lord Cope of Berkeley
My Lords, we are all agreed that the present defence statements are inadequate, particularly if they come duplicated off a word processor. But we are not agreed as to the reasons why they are inadequate. The Law Society's view, as expressed to me, is that part of the inhibition of putting adequate information in them is as I described. However, other people have different views. Clearly the inadequacy of defence statements is a matter to which we will have to return. In the meantime, I beg leave to withdraw the amendment.