§ Lord Windlesham
asked Her Majesty's Government:
Which recommendations of the Royal Commission on Criminal Justice (Cm 2263) are included in the Criminal Justice and Public Order Bill in whole or in part, and which provisions of the Bill diverge from any recommendations of the Royal Commission.
The Minister of State, Home Office (Earl Ferrers)
The Criminal Justice and Public Order Bill will implement, in whole or in part, recommendations 13–20, 35, 94, 195 and 219 of the report of the Royal Commission on Criminal Justice. Clauses 27–30 will permit adverse inferences to be drawn from the accused's silence under police questioning or at trial. These proposals diverge from the majority conclusion of the Royal Commission as set out in recommendations 82–83. Part IV of the Bill implements recommendations 13–20 of the Royal Commission's report with some variations. In particular, the Royal Commission recommended an extension of the existing power of the police to take samples, so as to include offences of assault and burglary. The Bill will, though, allow the police to take samples from anyone charged with or convicted of a recordable offence.55WA