§ Mr. Lewis StevensTo ask the Secretary of State for Northern Ireland if he has any proposals for the reform of the general criminal law in Northern Ireland; and if he will make a statement.
§ Mr. Tom King[pursuant to his reply, 20 July 1988, c. 641.]: I have today laid before Parliament a draft Order in Council which proposes amending the general criminal law of Northern Ireland relating to evidence both before and during trial.
The provisions of this draft order would allow the courts to attach whatever weight they think proper to the fact that someone remained! silent when questioned—for example, where circumstances were such that an innocent person might reasonably have been expected to protest his innocence and draw attention to facts which served to establish it.
The draft order proposes amending the criminal law to permit the courts in Northern Ireland to draw whatever inferences would be proper from the fact that an accused remained silent in four situations. Two are dealt with by provisions that have the same effect as provisions recommended by the Criminal Law Revision Committee in 1972. The first is the "ambush" where, having remained silent during police questioning, the accused offers an explanation of his conduct for the first time at his trial when he might reasonably have been expected to offer it when being questioned. The second provides that once the prosecution has established that there is a case to answer, the accused should be warned that he will be called to give evidence and that if he should refuse to do so the court may draw such inferences as would appear proper.
The other two situations are covered in provisions which have the same effect as provisions in the Criminal Justice Act enacted by the Irish Parliament in 1984. One allows a court to draw such inferences as would appear proper from an accused's failure or refusal to explain to the police certain specified facts such as substances or marks on his clothing. The other makes similar provision where an accused fails or refused to account to the police for his presence at a particular place.
My right hon. Friend the Home Secretary has also announced today his intention to bring forward legislation on this subject for England and Wales at the earliest opportunity.