London City Bond Prosecutions (Hansard, 25 November 2002)

§ The Attorney-General (Lord Goldsmith)

With the agreement of the Economic Secretary to the Treasury as the Minister responsible for HM Customs and Excise, I can confirm that in the light of the circumstances that led to the prosecution offering no further evidence in a series of linked prosecutions relating to London City Bond currently being heard at Liverpool Crown Court, the Economic Secretary to the Treasury and I will be asking a High Court judge:

to consider the circumstances that led to the termination of those cases and having regard to changes in relevant procedures and guidelines and to changes in practice within HM Customs and Excise that have taken effect since 1995;

to review the practices of HM Customs and Excise in the recording, retention, revelation and disclosure of material which may he relevant to the prosecution of its criminal cases and in respect of HM Customs and Excise criminal investigations; and

to review current compliance with best practice in the use of investigation techniques and the management and control of cases to the extent these are relevant to the discharge of the prosecution's obligations in any subsequent criminal proceedings.

The full terms of reference for the review are below and a copy of the statement made by prosecuting counsel in court will be placed in the Libraries of both Houses.

27WA

Richard Broadbent, chairman of HM Customs and Excise, has welcomed the setting up of the review.

REVIEW OF CURRENT PRACTICES AND PROCEDURES RELATING TO DISCLOSURE, ASSOCIATED INVESTIGATION TECHNIQUES AND CASE MANAGEMENT IN HM CUSTOMS AND EXCISE'S CRIMINAL CASES

Terms of Reference

To consider the circumstances that led to the termination of the LCB cases heard by Grigson J in Liverpool Crown Court and the lessons to be learnt from those circumstances.

And, having regard to changes in the law or practice as indicated below, changes in relevant procedures and guidelines and to changes in practice within HM Customs and Excise that have taken effect since 1995:

To review the practices of HM Customs and Excise in the recording, retention, revelation and disclosure of material which may be relevant to the prosecution of its criminal cases.

In respect of HM Customs and Excise criminal investigations, to review current compliance with best practice in the use of investigation techniques (e.g. the classification and handling of individuals providing information) and the management and control of cases to the extent these are relevant to the discharge of the prosecution's obligations in any subsequent criminal proceedings.

To make recommendations.

The review will be conducted by a High Court Judge.

Scope of the review

The review:

Will have regard to the relevant statutory framework (such as the Criminal Procedure and Investigations Act 1996 and the Regulation of Investigatory Powers Act 2000), the Attorney General's Guidelines on disclosure, relevant legal precedent and best practice.

Will focus on current departmental provisions and practice while having regard to the conduct of past cases and lessons to be learnt from them insofar as not already incorporated in current practice; and

Will examine the parts that should be played by officers, solicitors and counsel in the preparation for and the presentation of cases for court and in the disclosure process.

The review will report to the Economic Secretary to the Treasury, as the Minister responsible for HM Customs and Excise and to the Attorney General.

The review will have unrestricted access to HM Customs and Excise staff, papers and facilities. It is being asked to report not later than June 2003. A 28WA summary of the report and its recommendations will be laid before Parliament.