§ Mr. CotterTo ask the Secretary of State for the Home Department (1) what action is taken against constabularies that are reported as failing to comply with the Criminal Procedure and Investigations Act 1996 by withholding unused material from defence lawyers in criminal cases; [130537]
(2) what steps he is taking to ensure the full implementation of the Criminal Procedure and Investigations Act 1996, with particular reference to full disclosure of evidence by police to defence lawyers; [130639]
(3) what recent representations he has received about non-disclosure of information to defence lawyers; and if he will make a statement; [130640]
(4) if the implementation of the Criminal Procedure and Investigations Act 1996 is being monitored; and if he will make a statement. [130638]
§ Mr. Charles ClarkeThe Government are aware of concerns about the operation of the disclosure provisions of the Criminal Procedure and Investigations Act 1996. Since the beginning of this year, my right hon. Friend the Home Secretary has received three letters from Members of Parliament and one from a member of the public on this issue. Action is well underway to address these concerns.
The Director of Public Prosecutions (DPP) has made disclosure a business priority for the Crown Prosecution Service (CPS) and has initiated a programme of work focusing on the basic principles of disclosure, with a special emphasis on the prosecutor's duty to ensure a fair trial. He has asked Chief Crown Prosecutors to take up with Chief Constables any concerns that they may have with police disclosure practice in their area. Last year, the Crown Prosecution Service Inspectorate undertook a thematic review of disclosure and its report was published in March. The recommendations in that report are being considered and taken forward in the form of an action plan as part of the DPP's programme of work. The Association of Chief Police Officers has also established a working party to look into the working of the disclosure provisions in relation to the police.
The Attorney-General is developing guidelines on disclosure. In February, these were issued in draft for consultation and the responses are now being considered. The Attorney-General is aiming to issue the final version of the guidance in the summer.
In addition, as part of its general responsibility to evaluate new legislation the Government have commissioned an independent research study to evaluate all aspects of the disclosure provisions. The study will build on the CPS Inspectorate's report and draw on surveys of the legal profession carried out by the Criminal Bar Association and the Law Society. The 165W work began in January 2000 and is expected to be completed in 12 months. In the light of the research, we will consider what further action needs to be taken.