Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, E, F, and H) Order 2018 — House of Lords, 2018-06-25
Topic: Law and Crime
Richard Rosser (Labour, Centre-left): I thank the Minister for setting out the purpose and content of the draft statutory instrument that we are considering, which is applicable to England and Wales. We support its objectives. The revisions to the codes of practice are intended to reflect changes in the light of the Policing and Crime Act 2017 and current operational policing practice. The changes cover the audio and visual recording of interviews with suspects and the detention and questioning of persons by police officers, including under terrorism legislation. All four codes have been previously revised, two as recently as, I think, February last year. Has it really been necessary to revise Codes C and H twice in 16 months, when the revisions we are discussing relate in part to a 2017 Act? Surely, frequent revisions are time-consuming and hardly encourage an understanding of what the codes say at any one point in time by those who are expected to pay regard to them I want to raise the question of resources. No impact assessment has been prepared. Can the Minister confirm that none of the revised codes of practice will require any additional police resources to implement them, whether human or financial, in any police force or organisation, and that they will take up no more police time to implement than that already required for the existing applicable codes of practice? The revision to Code C also reflects the provision in last year’s Policing and Crime Act to ensure that 17 year-olds are treated as children for all purposes under the Police and Criminal Evidence Act 1984. When this order was considered by the Commons, one of the issues raised was whether this change meant that children aged 17 could no longer be named in media reports when they are a victim, as applies to children up to the age of 16. I believe the Government said in the Commons that they would take this matter away to see what more could be done. What has so far happened in respect of this undertaking, albeit I accept that it was given only pretty recently Codes E and F introduce what the Explanatory Memorandum describes as, "substantial changes to the approach to audio and visual recording of suspect interviews" The Explanatory Memorandum goes on to say: "The new and revised provisions cover all interviews for all types of offence, for all suspects—whether or not arrested and irrespective of the case disposal outcome" How many extra audio and visual recordings per year is it estimated that this provision will lead to compared to the current figure? Does this have any additional resource implications, after taking into account any expected decrease in written interview records Finally, paragraph 8.4 of the Explanatory Memorandum refers to the outcome of the consultation, which, "prompted a number of significant changes to the original proposals" Were any concerns or proposals in the 32 separate responses not reflected in those changes to the original proposals to which the Government refer in the Explanatory Memorandum and, if so, what did those concerns or proposals relate to?