HC Deb 07 November 1988 vol 140 cc27-9W
Mr. McNamara

To ask the Secretary of State for Northern Ireland if he will publish in theOfficial Report in how many cases, in each year from 1983, judges were unable to draw inferences from (a) the failure of the accused to mention particular facts when questioned about or charged with an offence, (b) the failure of the accused to testify in trial when called upon by the court to do so, (c) an accused person's failure to account for objects, substances or marks in certain circumstances, and (d) an accused person's failure to account for their presence at a place about the time the offence for which the accused was arrested was committed, indicating in how many cases failure to draw such inferences led to acquittal.

Mr. Ian Stewart

The information requested is not available.

Mr. McNamara

To ask the Secretary of State for Northern Ireland (1) if he will publish in theOfficial Report any representations from the Director of Public Prosecutions for Northern Ireland he has received seeking amendment of the rules of evidence with respect to (a) allowing inferences to be drawn from the failure of the accused to mention particular facts when questioned about or charged with an offence, (b) allowing inferences to be drawn from the failure of the accused to testify in trial when called upon by the court to do so, (c) allowing inferences to be drawn from the failure to account for objects, substances or marks in certain circumstances, and (d) allowing inferences to be drawn from an accused person's failure to account for their presence at a place about the time the offence for which the accused was arrested was committed:

(2) if he will publish in the Official Report any representations from the Royal Ulster Constabulary he has received seeking amendment of the rules of evidence with respect to (a) allowing inferences to be drawn from the failure of the accused to mention particular facts when questioned about or charged with an offence, (b) allowing inferences to be drawn from the failure of the accused to testify in trial when called upon by the court to do so, (c) allowing inferences to be drawn from an accused person's failure to account for objects, substances or marks in certain circumstances, and (d) allowing inferences to be drawn from an accused person's failure to account for their presence at a place about the time the offence for which the accused was arrested was committed:

(3) if he will publish in the Official Report the representations from the Northern Ireland judiciary he has received seeking amendment of the rules of evidence with respect to (a) allowing inferences to be drawn from the failure of the accused to mention particular facts when questioned about or charged with an offence, (b) allowing inferences to be drawn from the failure of the accused to testify in trial when called upon by the court to do so, (c) allowing inferences to be drawn from an accused person's failure to account for objects, substances or marks in certain circumstances, and (d) allowing inferences to be drawn from an accused person's failure to account for their presence at a place about the time the offence for which the accused was arrested was committed:

Mr. Ian Stewart

No. Exchanges between the Government and the Director of Public Prosecutions, Royal Ulster Constabulary and Northern Ireland judiciary are confidential.

Mr. McNamara

To ask the Secretary of State for Northern Ireland if he will publish in theOfficial Report any representations from the Police Federation for Northern Ireland he has received seeking amendment of rules of evidence with respect to (a) allowing inferences to be drawn from the failure of the accused to mention particular facts when questioned about or charged with an offence, (b) allowing inferences to be drawn from the failure of the accused to testify in trial when called upon by the court to do so, (c) allowing inferences to be drawn from an accused person's failure to account for objects, substances or marks in certain circumstances, and (d) allowing inferences to be drawn from an accused person's failure to account for their presence at a place about the time the offence for which the accused was arrested was committed.

Mr. Ian Stewart

No. Representations by the Police Federation which are not made public by it, are confidential.