Clause 43
Policing and Crime Bill
11:45 am
Vernon Coaker (Minister of State (Policing, Crime & Security), Home Office; Gedling, Labour)
The hon. Gentleman’s second point—on civil recovery and how far one goes back in relation to evidence of an acquisitive crime—is interesting. I will say something about that in a moment.
For once, I am not sure whether I properly understand his point about fair trial. It strikes me that, whether a trial is in the civil or criminal courts, if the evidence is not of sufficient quality, it is part of a court’s fundamental process that proceedings will not be able to be pursued in the judicial system. There will be cases where it will be more difficult to gather evidence and collect material—as the hon. Gentleman said, memories fade—but that is part of most court processes. I understand his point that, if the amount of time is extended, such circumstances are more likely to occur, but that will clearly be a matter for the court to consider. The inadequacy of memories or written material is not a reason to say that it is not appropriate for us to legislate under the powers. I would have thought that that is something that the court will take into account.