Clause 32 - Continuing duty of prosecutor to disclose

Criminal Justice Bill – in a Public Bill Committee am 6:00 pm ar 9 Ionawr 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Question proposed, That the clause stand part of the Bill.

Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs)

I have a question for the Minister. The proposal is that a new section 7A be inserted in the 1996 Act. It concerns the perfectly reasonable continuing duty of the prosecution to serve notice on the defence and the obligation to do so as soon as is reasonably practical. The one question that was raised in the consultation process that has not been answered is: why does it not also include material that comes into the hands of the police, which might not have got as far as the hands of the Crown Prosecution Service? The Minister will understand the point. A lot of material is collected and continues to be collected. That might well carry on after the decision to prosecute has been taken by the CPS and can continue up to the door of the court and subsequently. In a long trial, that is what happens. The police are sent by the CPS to hunt for additional information. It seems that it was suggested that it was a weakness of the original proposal that it was not covered by the same safeguard, and that it should be. Can the Minister give the Committee some reassurance, or will he consider resolving the issue by tabling an amendment at a later stage?

Photo of Hilary Benn Hilary Benn Parliamentary Under-Secretary (Home Office) (Minister for Prisons and Probation)

I can answer the hon. Gentleman. The material collected by the police is covered by the obligation to disclose.

Question put and agreed to.

Clause 32 ordered to stand part of the Bill.