Written evidence to be reported to the House
Criminal Justice and Immigration Bill
1:30 pm
Stephen Shaw: Yes, my own feeling is that, if clause 37 is to be used as the basis for a significant number of near-death or near-suicide investigations, it would be sensible in due course to revisit what is actually said there, because the procedures will be different. Whereas in a death-in-custody investigation there will be an inquest—that is the public examination—where there is a near-death or near-suicide, by definition there will not be an inquest. By definition, to be article 2 compliant I have at the very least to consider whether the evidence should be presented in public and, in large part, that will mean a public hearing or hearings.
I think that there is sufficient flexibility in the legislation, but it might be better to ensure that what was being done was entirely article 2 compliant to make more specific what the powers and responsibilities of the postholder are.