Clause 23 - Effect of non-compliance

Domestic Violence, Crime and Victims Bill [Lords]

Public Bill Committees, 29 June 2004, 5:15 pm

Question proposed, That the clause stand part of the Bill.

Photo of Lady Lady Hermon

Lady Lady Hermon (North Down, UUP)

I have a minor, technical point to make. The Minister will be able to dismiss it quickly and resolve the question in my mind.

Given the example of the old code in Northern Ireland, I presume that the need to comply with the code of practice for victims will apply to the police. Subsection (2) says that

''the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with the code in determining a question in the proceedings.''

Will a police officer's failure to comply with the code of practice for victims give rise, in England and Wales, to a complaint against them to the Police Complaints Commission? If the code were, in the fullness of time, to be extended to Northern Ireland, would a police officer's failure to comply give rise to a complaint to the Police Ombudsman for Northern Ireland?

Photo of Mr Paul Goggins

Mr Paul Goggins (Parliamentary Under-Secretary, Home Office; Wythenshawe & Sale East, Labour)

In all fairness to the hon. Lady, I am looking carefully at clause 23(2), to which she refers. It does not mention the independent Police Complaints Commission. I shall seek clarification and write to the hon. Lady to confirm whether it would be admissible. My assumption is that it would be, but I do not want to commit myself in case I am wrong and mislead her.

Question put and agreed to.

Clause 23 ordered to stand part of the Bill.

Clause 24 ordered to stand part of the Bill.