Clause 151

Part of Police Reform and Social Responsibility Bill – in a Public Bill Committee at 9:30 am on 17 February 2011.

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Photo of Julian Huppert Julian Huppert Liberal Democrat, Cambridge 9:30, 17 February 2011

Indeed, but we already have a process that filters out the least meritorious. We have no idea what would have happened to those two warrants if there had been a process involving the Attorney-General or some other system. It is entirely possible that they would have been granted in any case. I will come back to why it does not address the concern that I think my hon. Friend is heading towards. I do not think there is evidence to suggest that warrants have been unreasonably issued. It is not clear that those two were issued in cases in which the DPP would have said that they would not be. It is hard to tell, because the DPP did not examine them, but it is not clear.

There has been a lot of talk in the press and among some lobby groups that a person simply applies to a magistrate. That is rather unfair and dismisses the role of the people who actually make the decision, which is in the special jurisdiction of the senior district judge at Westminster magistrates court, not a magistrate somewhere who happens to be free on a Thursday evening. It is taken very seriously. Evidence from Hickman and Rose cited one example in which there was a lot of analysis and discussion. A lot of care and attention went into one particular case that they dealt with, which shows that such cases are handled sensibly.

There is a risk of people doing things purely for grandstanding. I accept that grandstanding will happen, but I do not see how that changes anything. If somebody wishes to pick—I will not pick on Mr Tatchell—a case to get publicity, they will still be able to do that. They will simply say that it has gone to the DPP, and they will still be able to generate publicity. If they know that they have the sort of case for which the senior district judge would not grant the arrest warrant, they can still get the publicity in the meantime. The measure does not solve that problem at all.