Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, D and H) Order 2016 — House of Lords, 2017-01-19
Topic: Law and Crime
Roy Kennedy (Labour, Centre-left): My Lords, I thank the noble Baroness for her explanation of the effect of the order before the House this afternoon. I say at the outset that the Opposition support the order, and that we must always carefully consider these matters and strive to strike the right balance between giving the police and other law enforcement agencies the tools, guidance and procedures to do their job effectively and keep citizens safe, when we are balancing the rights of citizens and ensuring that the rights of suspects and witnesses are protected. This is very much my thinking in how I approach the order and similar matters when they come before this House I have a number of questions to ask the Minister and hope that she will be able to answer me today—but, if she cannot, I will of course be very happy for her to write me. I turn first to Code C and the ability to permit the use of live-link communication technology for interpreters. This will allow for interpreters to be based at remote locations and for their services to be used by a number of police forces without the need for travel. I can see how this will help the police by speeding up their investigations. Can the noble Baroness confirm whether this facility will be used only in respect of suspects, or will the police be making use of it in respect of witnesses? Is that the intention of the change? Is it envisaged by the department that this will become the norm; will it be used on only limited occasions; or is it somewhere between the two? How will the test of fairness to the suspect be assessed, and what role will there be for the suspect’s solicitor in making representations on the appropriateness of the use of remote translation services I move on to the provision to enable an appropriate adult be removed from an interview if they prevent the proper questioning of a subject. An appropriate adult is used when a juvenile or vulnerable adult is being interviewed. They have a specific role: to help the person understand what is happening and to protect their rights under law and the relevant codes. These individuals do a very important job in the justice system, but their role is not to prevent the questioning of suspects. However, there can be cases where there is a very fine line between what could be deemed fair practice and action that could be determined as breaching somebody’s rights. Will there be a role for the suspect’s solicitor in the process of determining whether an appropriate adult should be removed? What would happen if it was viewed that an appropriate adult should be present but, for whatever reason, it was thought that the appropriate adult present at the time had overstepped the line and needed to be removed? Would the interview be suspended until such time as another person could be identified to fulfil that role In respect of the electronic pocket books for use by police officers, can the noble Baroness say a little more about the trials that have taken place? It is important that police officers have access to technology that makes their jobs and the application of the law easier and allows for the efficient administration of justice to be done in a timely manner, but we must always be confident that the appropriate safeguards are in place. Very clever people invent, develop and create all sorts of devices, and where they can be used to fight crime, that is welcome—but we must be satisfied that there is no possibility that these devices can be tampered with to produce an inaccurate or untrue picture of what has happened There is also the question of the development of technology, which does not stand still. Because something cannot be done at the moment does not mean that it cannot be done in future. How does the noble Baroness plan to ensure that technological developments do not get ahead of the procedures before the House today and the practices of the police and other law enforcement agencies In respect of the changes to Code D that alter the way in which witness identification is undertaken, the change effectively deletes the old annexes A and E. We need a bit more evidence for why that is necessary, so I hope that the Minister will give a full explanation when she responds. With those questions, I say again that we are happy to support the order.