§ Mr. Cohenasked the Attorney-General what is the policy of the Director of Public Prosecutions regarding the continuation of criminal proceedings within his oversight in cases where a material prosecution witness has died.
§ The Attorney-GeneralIn the event that, during the course of proceedings conducted by the Director of Public 599W Prosecutions, a prosecution witness dies, it is the practice of the director to review the case and assess whether the remaining evidence remains sufficient. In cases where the director considers that the evidence is now insufficient to sustain the charge, the proceedings are abandoned.
§ Mr. Cohenasked the Attorney-General whether he was consulted by the Director of Public Prosecutions before the Director decided to withdraw proceedings in Cardiff magistrates' court on 5 November against a man for rape following the death of the alleged victim of the attack.
§ The Attorney-GeneralNo. In the case to which the hon. Member refers, the effect of the death of the complainant was to render the prosecution evidence insufficient to establish certain essential elements of the alleged offence. There was no other course open to the Director of Public Prosecutions save to withdraw the charge. There was no reason for him to consult me.
§ Mr. Cohenasked the Attorney-General what is the policy of the Director of Public Prosecutions regarding the continuation of proceedings within his oversight in cases of rape where the alleged victim (a) dies before the case comes to trial or (b) otherwise becomes unfit, unable or unwilling to give evidence.
§ The Attorney-GeneralThe handling of a case of rape in which the complainant dies while proceedings are pending does not differ from that of any other case in which a material prosecution witness had died. I therefore refer the hon. Member to my answer to question No. 113.
In cases where the complainant is temporarily unfit or unable to give evidence an adjournment will usually be sought. Where the unfitness or disability is likely to be permanent or of such duration that a postponement cannot be obtained, the director will review the evidence in the same manner as if the witness were dead.
In circumstances where a complainant is simply unwilling to give evidence, her attendance may be compelled provided she is within the jurisdiction. But only in exceptional circumstances would the director seek to compel the complainant to testify against her will.