HL Deb 15 February 1995 vol 561 cc37-8WA
Lord Spens

asked Her Majesty's Government:

Further to Baroness Blatch's reply of 30th January (WA.102) whether they propose to clarify the role in the second Guinness trial of the present Director of Public Prosecutions, in connection with the non-disclosure of evidence.

The Lord Chancellor

The role of prosecuting counsel in any case is to consider the material submitted by the instructing prosecuting authority and advise what material should be disclosed to the defence. Such advice should take account of substantive law governing disclosure and the rules of professional conduct. The terms of the advice in any particular case will reflect the professional judgment of independent counsel.

The present Director of Public Prosecutions was originally part of the team of counsel nominated to prosecute the Guinness case but relinquished that role on her appointment to be Director of the Serious Fraud Office after the conclusion of the first trial and before the second trial had commenced.

In so far as evidence in the second Guinness case was the subject of representation to the court in the course of that trial, such matters were handled by independent counsel then instructed to conduct the case.

Lord Spens

asked Her Majesty's Government:

Whether the Director of Public Prosecutions will herself decide whether or not to bring prosecutions against police officers involved in the second Guinness trial on charges which include the non-disclosure of evidence, which it is claimed was done on the advice of prosecuting counsel, of which she was one.

The Lord Chancellor

By virtue of Part IX of the Police and Criminal Evidence Act 1984, the report of the investigation into a complaint made by the noble Lord and referred to in his question must be submitted to the Director of Public Prosecutions, who has statutory responsibility for whatever decision is taken. The prior involvement of the DPP in this case in her former capacities as prosecuting counsel and thereafter as Director of the Serious Fraud Office would make it inappropriate for her to take any part in the consideration of the case. This will be handled under the auspices of the Director (Casework) in the Crown Prosecution Service without reference to the Director of Public Prosecutions herself.