Clause 33 - Discontinuance of proceedings before court appearance
Justice (Northern Ireland) Bill
12:45 pm
Mr Crispin Blunt (Reigate, Conservative)
This is an immensely important amendment, because it goes to the heart of victims' rights and the information that they receive during the prosecution process. Amendment No. 176 is designed to place a duty on the Director of Public Prosecutions, when he decides to discontinue a prosecution, to inform not only the person being prosecuted and the court, but the victim. Amendment No. 177 qualifies that by stipulating that the director must judge whether supplying the victim with the reasons for the discontinuance of the prosecution is against the interests of justice or the public interest.
Every Member of Parliament, once they have been here for more than a month, starts to receive representations from constituents concerning prosecutions of which the conduct, as far as the victim is concerned, is seriously in doubt. I would like to use an example from my own experience to illustrate my point, and to show why new clause 2 and the recommendation arising from the review do not go far enough.
I was burgled, and the item that was stolen had my name on it. Two villains were discovered attempting to enter another property. Unwisely, they had chosen to do that in the Chester square area, where the diplomatic protection squad of the Metropolitan
police observed them going from door to door, attempting to force their way into various houses. They were arrested, their properties were searched, and my property was found in their possession.
Most people would have thought that that case would be pretty easy to prosecute, and that a charge of possession of stolen goods could have been proved, if nothing else. I went on and on about the case to the police officers who were handling it, asking them when it was coming up, what would happen with it and when those involved would be held responsible. To my great concern, I eventually discovered that the CPS had decided not to prosecute. Like many other victims in such circumstances, I was distinctly unimpressed by the CPS and its decision, and was very aggrieved. However, I would not have been in a position to judge had I not sought out the information.
The debate about how victims of crime should be dealt with is beginning to recognise that they have a right to a certain amount of information. That is reflected in clauses 67, 68 and 69, under which the Government will give victims of crime information about the sentences and the release dates of prisoners who have been sentenced for the offences that involved them.