Clause 65 - Assistance by offender: immunity from prosecution
Serious Organised Crime and Police Bill
11:00 am
Mr David Heath (Shadow Minister (Home Affairs), Home Affairs; Somerton and Frome, Liberal Democrat)
We are now dealing with the new arrangements for providing immunity from prosecution. There are sound arguments for what is not quite plea bargaining but is of that ilk, in order to ensure co-operation in providing evidence.
However, in respect of immunity from prosecution it is a substantial step, a significant undertaking, to say that someone will not be prosecuted for offences that they have, or appear to have, committed, to encourage them to provide evidence. Given that those offences may be against persons who might properly expect that their assailant will be brought before a court in due course, it is something that should be undertaken only in exceptional circumstances.
The clause makes it clear that it is matter of exception, and I have no problem with that; the theory and purpose of the amendments is simply to provide that the authority for that decision—immunity from prosecution which, as I said, is a significant immunity—should be taken only at the highest level of the prosecution service, by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland, and not by a person designated by them for the purpose.
It could be argued that the DPP is terribly busy and cannot deal with everything, but the statute places a lot of responsibilities directly on the DPP in person, and the proposal should be one of them. The decision should require his signature before immunity from prosecution is granted. I cannot understand why the Bill permits the designation of other prosecutors in the Departments. The Minister will need to assure me about the level of seniority at which those decisions will be taken and why it should not be expressly given to the DPP or his equivalent in the other investigating bodies.