Criminal Justice and Public Order Act

Home Department written question – answered on 7th December 2005.

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Photo of John Hemming John Hemming Liberal Democrat, Birmingham, Yardley

To ask the Secretary of State for the Home Department if he will bring forward proposals to amend section 34 of the Criminal Justice and Public Order Act 1994 to permit the courts to draw adverse inferences from the failure to mention facts in post-charge interviews for terror-related offences.

Photo of Hazel Blears Hazel Blears Minister of State (Home Office) (Policing, Security and Community Safety), Member, Labour Party National Executive Committee

A detainee may not be interviewed about an offence after they have been charged with it or informed that they will be prosecuted for it unless the interview is necessary for the reasons set out in paragraph 16.5 of PACE Code C (Detention, treatment and questioning of persons by police officers).

We are considering whether such provision best suits the needs of achieving a successful outcome to an investigation and intend to publish a consultation paper on this issue in spring 2006. That paper will also consider the existing caution provided for in Code C, paragraph 16.5 and the potential for extending that to the caution given to a suspect during the pre-charge of the investigation.

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