HL Deb 24 January 2000 vol 608 cc174-5WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they have undertaken a study of whether the Criminal Justice (Mode of Trial) Bill is likely to have a disproportionate adverse impact upon members of ethnic minorities; if so, what are the results of the study; and, if not, why no such study has been undertaken before the decision to introduce the Bill; and [HL546]

Whether they have consulted the Commission for Racial Equality, the Society of Black Lawyers and ethnic minority organisations about the effects of the proposals contained in the Criminal Justice (Mode of Trial) Bill upon confidence among members of ethnic minorities in the fair administration of criminal justice; if so, what are the results of the consultation; and, if not, why no such consultation has been undertaken before the decision to introduce the Bill. [HL547]

The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton)

A copy of the consultation documentDetermining Mode of Trial in Either-Way Cases, which sought views on these reforms, was sent to the Commission for Racial Equality. No response was received from the Commission. The Government have given careful consideration to the concerns that the changes could adversely affect black defendants. They are satisfied that this is not the case. Home Office data published on 9 December 1999 show a higher conviction rate for white defendants than black defendants in the magistrates' courts (67 per cent for white defendants and 57 per cent for black defendants). A separate study (not yet published) of race and the Crown Prosecution Service by Dr Mhlanga also shows that white defendants are more likely to be convicted than black defendants in both magistrates' courts and the Crown Court. In both courts white defendants are about six percentage points more likely to be convicted than black defendants.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether, before the Committee stage of the Criminal Justice (Mode of Trial) Bill, they will disclose their reasons in support of their Section 19 statement of compatibility of the Bill with the right of access to a fair trial without direct or indirect racial discrimination, guaranteed by Article 6 read with Article 14 of the European Convention on Human Rights. [HL548]

Lord Bassam of Brighton

The Government are satisfied that the Bill is compatible with Convention rights. The right to a fair trial under Article 6 does not extend to providing a right to a certain sort of trial. The Bill merely provides judicial discretion to decide mode of trial. It also provides an unfettered right of appeal against the magistrates' decision on mode of trial. A briefing note on the Bill, including the racial aspects, has been placed in the Library.