§ Lord Spensasked Her Majesty's Government:
Whether the deliberate and wilful failure to disclose relevant evidence in a criminal trial is capable of being a criminal offence; and
Whether advice by Crown Counsel that relevant evidence should be withheld and not disclosed in a criminal trial is capable of being a criminal offence; and
Whether any criminal prosecutions have been instigated against Crown Counsel who have knowingly and wilfully advised that relevant evidence should be withheld and not disclosed in a criminal trial;
Whether it can be in the public interest to withhold and not disclose relevant evidence in a criminal trial and, if so, what is that interest.
The Minister of State, Home Office (Earl Ferrers)Depending on the circumstances and the intention with which it is done, concealing evidence may give rise to criminal liability. It is not for Ministers to comment on the possible application of the criminal law to hypothetical situations. I am not aware of any proceedings having been instituted in circumstances such as those which are described.
Where questions of competing public interests arise, only a court may decide whether the balance of the public interest lies in withholding material in a particular case from the defence.