§ Baroness Gould of Potternewtonasked Her Majesty's Government:
Whether they intend to proceed with any prosecution against Roisin McAliskey. [HL3412]
§ Lord Williams of MostynFurther to the statement of the Home Secretary on 10 March 1998 (Official Report, 10 March 1998. col. 133) that he would not order the extradition of Roisin McAliskey to Germany, the Crown Prosecution Service, in accordance with this country's obligations under Article 7 of the European Covention on the Suppression of Terrorism, has considered whether to prosecute Roisin McAliskey in this country for the offences allegedly committed in Germany in relation to the Osnabruck bombing of 28 June 1996.
The test applied by the Crown Prosecution Service is the test set out in the Code for Crown Prosecutors that applies to all prosecutions in England and Wales—namely, that a prosecution will only be commenced or proceeded with if there is sufficient evidence to afford a realistic prospect of conviction and that prosecution is in the public interest.
The Crown Prosecution Service, having taken the advice of Senior Treasury Counsel, has concluded that there is not a realistic prospect of convicting Miss McAliskey for any offence arising out of the Osnabruck bombing. It has reached that conclusion having taken into account the available evidence and 77WA the likely result of any argument that may be put forward by Miss McAliskey that to prosecute her now would be an abuse of process.
The Law Officers have been consulted and we agree with the conclusion reached by the Crown Prosecution Service.
It is not usual for the Law Officers to make announcements concerning consideration of individual cases. In this instance, the Home Secretary in a written reply (Official Report, 20 March 1998, col. 742) said that this matter would be considered for prosecution in the United Kingdom. It is right that the House should be informed of the outcome of those considerations.