Mr. Gareth ThomasTo ask the Attorney-General what approach prosecutors take to reliance on evidence640W obtained through the exercise of compulsory powers having regard to the judgment of the European Court of Human Rights in Saunders v. United Kingdom. [27920]
The Attorney-GeneralThe Government propose to bring forward legislation when a suitable opportunity arises to ensure that the domestic law which was in issue in Saunders v. United Kingdom is fully compatible with our obligations under the European convention on human rights. As an interim measure, I have today promulgated to prosecuting authorities guidance about the handling of cases where the evidence available to the prosecution includes answers obtained by the exercise of compulsory powers.
A copy of the Guidance has been placed in the Libraries of both Houses. Its effect is that answers obtained pursuant to a procedure which includes the power to compel answers, whatever the investigative or regulatory regime, cannot be used in subsequent criminal proceedings as part of the prosecution case except for the very limited purposes of proceedings for offences arising out of the giving of the evidence (eg. perjury). The Guidance therefore covers not only evidence obtained by the exercise of powers under Section 434 of the Companies Act 1985, which was in issue in Saunders v. the UK, but also evidence obtained under analogous powers. In addition, the guidance restricts the use by prosecutors of compulsorily acquired answers for the purpose of cross-examination.
The Lord Advocate is to issue similar guidance in Scotland.