HC Deb 15 May 2002 vol 385 cc700-2W
Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department if he will make a statement on the actions that he plans to take as a consequence of the Damilola Taylor case. [54120]

Mr. Keith Bradley

First of all I would like to express my heartfelt sympathy for the Taylor family who still have many questions left unanswered despite an intensive police investigation and a lengthy trial.

As my right hon. Friend the Prime Minister (Mr. Blair) has said there should be no rush to judgment. This was always going to be a difficult case.

My right hon. and noble Friend the Attorney-General (Lord Goldsmith) has asked the Director of Public Prosecutions to look into the handling of the case, to consider whether there are implications for the conduct of future cases and to make recommendations. Her Majesty's Crown Prosecution Service Inspectorate will be involved in the review. In particular, the Director has been asked to examine whether the time has come to introduce a system where, before trial, interviews of certain key witnesses are conducted by the prosecutor in a limited category of cases. The review will report by mid-summer.

We are already taking steps to help children and other vulnerable or intimidated witnesses give their best evidence.

In June 1998 the Government published "Speaking up for Justice", a report of an interdepartmental working group on the treatment of vulnerable or intimidated witnesses in the Criminal Justice system. It proposed a coherent and integrated scheme to provide appropriate support and assistance for vulnerable or intimidated witnesses. Key recommendations include a range of special measures available for use at the trial including:

screens around the witness box:clearing the court, in certain circumstances, so that evidence can be given in private;removal of wigs and gowns;video recorded statements to replace the evidence-in-chief; video recorded pre-trial cross-examination;live television links;assistance with communication if necessary, including the use of an intermediary.

The measures requiring legislation were included in Part II of the Youth Justice and Criminal Evidence Act 1999.

Implementation of the special measures is imminent and they will be an improvement on the current arrangements. In January I announced a phased implementation programme starting on 24 July this year. In the Crown court all the special measures will be implemented for vulnerable witnesses, with the exception of intermediaries and pre-trial cross-examination which will be subject to pilot projects. The same measures, with the added exception of video-recorded statements, will be implemented at the same time for intimidated witnesses.

All other measures will be introduced in 2003-04 for all qualifying witnesses.

In magistrates courts implementation of special measures in July 2002 will be restricted to television links and video recorded evidence for child witnesses in cases involving sexual offences, violence (including threats) and cruelty. This will provide protection for children in cases involving assaults, muggings and domestic violence. It will also bring the adult magistrates courts into line with the current provision in the Youth court. Most of the measures will be extended to magistrates courts by 2003-04 (after their evaluation in the Crown court) to bring them in line with the Crown court.

Over the next year or two we will also be starting pilot projects on video-recorded pre-trial cross-examination and the use of intermediaries.

A whole range of guidance and training materials for the criminal justice agencies have been published including:

Achieving Best Evidence", which is comprehensive guidance on preparing for and conducting interviews with vulnerable or intimidated witnesses (both adults and children). It will replace the "Memorandum of Good Practice in Video Recorded Interviews With Child Witnesses For Criminal Proceedings" from 24 May 2002;A practice guide on early special measures meeting between the police and Crown Prosecution Service and meetings between the Crown Prosecution Service and vulnerable and intimidated witnesses. From July, prosecutors will meet vulnerable witnesses to discuss special measures that can be taken in connection with their giving evidence.

We are working closely with a full range of agencies in the criminal justice system and voluntary sector in implementing these measures. Arrangements are already in place to evaluate the special measures once they have had a chance to bed down. We will also be looking closely at the findings of the inquiries being conducted by the Crown Prosecution Service and the Metropolitan police to see if there are any lessons to be learned for the measures needed to enable children and other vulnerable or intimidated witnesses to give their best evidence.

On the wider front, Sir Robin Auld's Review of the Criminal Courts was published in October last year which resulted in a public consultation. The report contains 328 recommendations and makes wide proposals for reforming the courts and their proceedings. The Government is looking at the report and the results of the consultation carefully as well as other ideas for modernising the criminal justice system. We will publish a White Paper setting out our proposals for the way forward shortly.