Clause 62 - Cases that may be retried
Criminal Justice Bill
2:30 pm
Mr Simon Hughes (North Southwark and Bermondsey, Liberal Democrat)
There are another three questions that the Minister might usefully answer in this context, and
he will see that my hon. Friend the Member for Somerton and Frome (Mr. Heath) and I have added our names to amendments Nos. 301 and 302.
First, will the Minister amplify the explanatory notes, which refer to the Government's intention in relation to article 55 of the Schengen convention and appear to suggest that there could be a retrial of offences that are not similarly described elsewhere? Secondly, will he explain the logic and implication of the explanatory note that suggests that the Bill does not change the criminal law in Scotland in this respect? It suggests that the clause will not change the situation in a Scottish court if there has been an acquittal in the European Union or elsewhere. What impact will the Bill have on cases that come first to the English and Welsh jurisdiction or first to the Scottish jurisdiction when there might be a retrial on the other side of the border?
Thirdly, will the Minister clarify the position in relation to Northern Ireland? I seek elaboration both on the point that I made earlier and on a linked question that follows from it. Until and unless the law is changed in Northern Ireland, what would be the consequences of the legislation for cases in Northern Ireland that resulted in acquittal and which might be retried in England and Wales, or the other way round? Because it is relevant in Northern Ireland, what would be the implications for Ireland, England and Wales if the provisions were to be extended to Ireland—that is, to both sides of the border? We need to be clear what we are talking about. For me, as for the hon. Member for Beaconsfield (Mr. Grieve), it is a probing exercise.
I observe that clause 12 of the Extradition Bill, which is being considered at this moment in another Room, proposes:
''A person's extradition to a category 1 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction if he were charged with the extradition offence in the part of the United Kingdom where the judge exercises jurisdiction.''
I have not thought it through entirely, but that seems to contradict what is proposed in the Bill. In any event, I would be grateful for an explanation of how the two Bills would work if enacted in the present form.