Clause 9 - Use of evidence obtained
Crime (International Co-operation) Bill [Lords]
4:15 pm
Mr David Heath (Somerton and Frome, Liberal Democrat)
We, the Liberal Democrat members of the Committee, added our names to the amendments of the hon. Member for Surrey Heath. Although I understand what the Minister said about the matter being for the discretion of the court, the relevant subsection gives guidance to the courts on how they should apply that discretion in determining the admissibility of evidence. That is a critical element: the question is not only whether there is a general omission for parties in proceedings to be legally represented, but whether they have had the opportunity so to do. The court should necessarily consider that key issue, which should not be a delimiting factor, when determining whether a piece of evidence is admissible.
There are a limited number of occasions on which evidence obtained through the relevant mechanism will be admissible—it will be used largely for investigative purposes and not for probative purposes. I would have grave doubts about the admissibility of some types of evidence that might be adduced in court in the United Kingdom if obtained overseas. I am thinking, for instance of the changes that are currently under way through the Criminal Justice Bill concerning hearsay evidence. Multiple hearsay evidence obtained by witnesses abroad without corroboration seems somewhat remote from the concept of admissibility in the English court system, but there is no clear provision for excluding such evidence. The basic principle that it should be possible for someone to be legally represented and that the legal representative should have the opportunity to cross-examine on the basis of evidence to be used in court proceedings cannot be denied.
The hon. Member for Surrey Heath has a point in tabling the amendment, which is why we support it. With respect, I do not think that the Minister has quite answered the case, although that is a matter for the hon. Gentleman to pursue as the mover of the amendment.