§ 43. Mr. McNamara
asked the Attorney-General whether he will refer the judgment in Regina v Arthur to the Court of Appeal as an important point of law on the question of a "holding operation" as a defence.
§ The Attorney-General
When I considered a summary of the judge's summing up to the jury in this case, together with the evidence, of most of which I had been aware before the proceedings were instituted, I took the view that it was such an unusual case, which turned to a great extent on its own particular facts, that there was no point of law arising out of it which I could appropriately refer to the Court of Appeal under section 36 of the Criminal Justice Act, 1972.244W
However, following the many representations that I have received both from hon. and right hon. Members and from others, I am looking again at certain specific aspects of the case to see whether, in the interests of the better administration of justice, there is any point of law which could properly be referred.
Whilst this should not be taken as an indication that I shall necessarily alter my original decision, I am nevertheless keeping an open mind and expect to reach a final decision in the very near future.