Clause 4 - Use of telephones for review of police detention
Criminal Justice Bill
6:30 pm
Mr Dominic Grieve (Beaconsfield, Conservative)
Yes. Under that section, when a person is arrested but not charged, the work must be done by an officer of at least the rank of inspector who has not been directly involved in the investigation. The new section 40A appears to add the rider that if the inspector is not present at the police station, he can communicate over the telephone with those who are. It is perfectly comprehensible.
It is noteworthy that new section 40A does not specify that the inspector should not be the one who is engaged in the investigation. That follows logically because he is not at the police station at the time. I understand the present rules, but not what the new rules are intended to achieve. As I told the Minister, something is missing from the explanatory notes, which I do not understand, so the purpose of the amendments is to probe the position. Until I can
understand what the Minister intends, it is difficult to know how best to amend the provisions.
I find it particularly difficult to understand why the need for a police officer of at least inspector rank should be removed from the process entirely. Is that the intention? At this stage, the best thing would be for me to sit down and listen to what the Minister has to say. I shall then exercise my right of reply if I am dissatisfied with his explanation.