HL Deb 01 August 1978 vol 395 cc1286-8WA
Lord HAILSHAM of SAINT MARYLEBONE

asked Her Majesty's Government:

Whether their attention has been drawn to the opinions expressed on behalf of the Appellate Committee in the case of Commissioners of Police for the Metropolis v. Hills in which Judgment was given on 27th July in this House as to the desirability of referring to the Criminal Law Revision Committee the question raised in this appeal with a view to an amendment of the law as set out in the Criminal Evidence Act 1898: and whether it is their intention to comply with these opinions or otherwise to deal with the position disclosed by this appeal.

Lord HARRIS of GREENWICH

The Government are aware of the opinions expressed in this case. The Criminal Law Revision Committee has already considered the proviso to the restrictions on cross-examination of an accused contained in Section 1(f)(iii) of the Criminal Evidence Act 1898. In its Eleventh Report (Evidence (General), Cmnd. 4991, 1972) the Committee recommended that the proviso should apply whenever two accused are jointly tried, even though they are not, as the 1898 Act requires, charged with the same offence. I cannot at the present time say when legislation on the law of criminal evidence will be possible, but the Government will keep this recommendation well in mind.

House adjourned at twenty-three minutes past six o'clock.