HC Deb 28 May 2004 vol 422 cc181-3W
Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department what issues the Criminal Cases Review Commission scrutinises during the case review process. [170471]

Paul Goggins

It is the Commission's usual practice to obtain the summing up in cases involving a review of conviction, where this is available, and to review the terms in which the judge has directed the jury on all matters of law, including the burden and standard of proof.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department on how many occasions in the last two years documents necessary for the review of a case have been destroyed between application to the Criminal Cases Review Commission and review. [170472]

Paul Goggins

The Commission does not have precise data on this question and the resources to acquire it would be disproportionate.

However, the Commission has established procedures which ensure that all necessary material is preserved at the earliest point in the case review process. This is particularly relevant for older convictions where established policies in public bodies may indicate early destruction.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department whether retractions in interviews regarding sex abuse case reviews are always documented in the Statement of Reasons by the Criminal Cases Review Commission. [170473]

Paul Goggins

The Commission's guidance is that where retractions are reported, the consideration given to them should be set out in the Statement of Reasons.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department how the Criminal Cases Review Commission ensures that all case review managers working on sex abuse cases are aware of all the relevant publications and materials available in the Commission. [170474]

Paul Goggins

The Commission operates a system of regular briefings for all staff and a recent extended briefing was devoted to this topic. Having Commission members serving as decision makers and one as an assigned Commission member in each case review ensures that relevant material is considered. The Commission maintains a library of material available to all staff and its IT system enables the interrogation of all Commission material from the desktop.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department whether Case Review Managers working on sex abuse cases are given a checklist of issues which may assist in their review. [170475]

Paul Goggins

Following an internal review, the Commission recommended that a checklist of factors and investigatory techniques should be to assist those who review sexual abuse cases. This has been addressed and a supporting document is being developed.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department if the Criminal Cases Review Commission will seek reports from psychologists to identify research, good practice and guidance on the application of scientific methodology to the investigation of contemporary and historical allegations of sex abuse. [170477]

Paul Goggins

The Commission has received such a report and has no plans at present to seek further reports.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department on how many occasions visiting speakers have addressed the Criminal Cases Review Commission on awareness of the issues and investigative techniques in sexual abuse cases over the last two years. [170478]

Paul Goggins

Visiting speakers have addressed the Commission on six occasions in the last 12 months on a variety of topics. Many of these have touched directly or indirectly on the issues surrounding sexual abuse cases.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department if he will make a statement on the Criminal Cases Review Commission's use of exceptional circumstances to allow referrals where a previous appeal has not been heard. [170479]

Paul Goggins

Where there has been no appeal, the Commission will consider whether exceptional circumstances apply. The Commission has referred cases where exceptional circumstances have applied, the most usual example being where one co-defendant has appealed and another has not.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department when a decision will be made regarding the extension of the Criminal Cases Review Commission's section 17 powers. [170515]

Paul Goggins

We are considering a number of proposals from the Criminal Cases Review Commission, including one which would require an extension of the Commission's powers under section 17 of the Criminal Appeal Act 1995. The subject matter of this proposal is the disclosure of material by third parties for the purpose of criminal cases, and as such it is related to Lord Justice Auld's recommendation (206) which urges consideration of a new statutory third party disclosure scheme. We therefore intend to deal with the two matters together. These are complex issues and I am unable at this time to indicate when we will have completed our deliberations.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department if he will make a statement on the work and findings of the Criminal Cases Review Commission's collaboration with the Historical Abuse Appeal Panel. [170516]

Paul Goggins

The Criminal Cases Review Commission is in regular dialogue with the Historical Abuse Appeal Panel. Such liaison and exchange of information as will assist the Commission in its work will continue.

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