Clause 66 - Interests of justice
Criminal Justice Bill
3:30 pm
Mr Hilary Benn (Parliamentary Under-Secretary, Home Office; Leeds Central, Labour)
That is extremely helpful. The other examples that come to mind are war crimes and cases of genocide. Would it be right for the length of time since such an offence was alleged to have been committed to act as a bar? In so far as I understand what was in the minds of those who drafted article 6, I cannot believe that that was their intention. The hon. Gentleman is right. However, he is wrong to say that ECHR compliance is a rubber stamp. It genuinely reflects the view that the Government take during the consideration of all legislation. Judgments can be tested, and people can take their cases to the courts and pray in aid the convention. That is right and proper, which is why the Government incorporated the convention into UK law.
The reference to due expedition is highlighted as a consideration that the Court of Appeal should take into account when considering whether the interests of justice test is met. In the end, it is for the court to judge whether the due expedition clause should weigh heavily in determining whether the interests of justice would prevent it from making an order. That will depend on the facts of the case.
Question put and agreed to.
Clause 66 ordered to stand part of the Bill.