Mr Derek Spencer: The judiciary is independent of political influence. Anyone who has had any experience as a judge in court knows that sentencing requires sense and sensibility. It is one thing to sentence as a paper exercise and another to do it when one can see the whites of the defendant's eyes.
Mr Derek Spencer: The hon. Gentleman is a little behind the times. Recently, we increased the maximum sentence for causing death by dangerous driving and other similar offences from five to 10 years. In any event, in the case of Seymour, a House of Lords decision made plain what are the appropriate circumstances for preferring a charge of manslaughter.
Mr Derek Spencer: The Crown Prosecution Service takes into account the considerations and exceptions to bail set out in the Bail Act 1976 and any other relevant information available to it, including material from the police, the probation service and other sources.
Mr Derek Spencer: It is, and we are closing it. The first measure that we have taken is already on the statute book. The Bail (Amendment) Act 1993, which is the responsibility of my hon. Friend the Member for Shoreham (Mr. Stephen), will give the prosecution the right of appeal against the decision of a magistrates court to grant bail. Also, two provisions in the Criminal Justice and Public Order Bill, if...
Mr Derek Spencer: I am answering the debate as the second Law Officer of the Crown, not as the Member of Parliament for Brighton, Pavilion, in which capacity I voted on the amendment to the age of consent that the House debated on 21 February this year. I want to make it quite plain to my hon. Friend the Member for Castle Point (Dr. Spink) that I do not propose to follow him in discussing the relevant merits...
Mr Derek Spencer: The Serious Fraud Office investigation into the affairs of Butte Mining plc began in June 1992. The matter is complex and the investigation is proceeding as quickly as possible.
Mr Derek Spencer: I can assure the hon. Gentleman of that. The matter did not come to light until comparatively recently. As I said, the inquiry began in 1992. It involves inquiries in many foreign jurisdictions. It is a good example of the special skill and powers required to get to the bottom of cases of that nature. I assure the hon. Gentleman that the matter is being pursued rigorously.
Mr Derek Spencer: I am satisfied that the criteria in the code for Crown prosecutors which determine whether a prosecution should proceed are sound. But, as my right hon. and learned Friend the Attorney-General announced to the House on 15 December 1993, the Director of Public Prosecutions is currently revising the code so that it may more easily be understood by the police and the public.
Mr Derek Spencer: I should welcome, as I am sure would the CPS, the attendance of any hon. Member who wished to visit his local CPS office. I am sure that such offices would be cheered up immensely at the prospect of a visit by my hon. Friend. Any hon. Member who visits those offices will discover that cases are discontinued only after close liaison with the police. When that happens, it is done in the...
Mr Derek Spencer: The Crown is ready to proceed. Mr. Nadir should return to this country forthwith.
Mr Derek Spencer: This is very old hat. Calls for an inquiry have been made time and again. An inquiry was fixed. A date was fixed in October for a trial at the Central Criminal court which Mr. Nadir should have attended. He did not attend. He should put his arguments in front of a British jury and let them determine the issue. A British jury should be the inquirers in this issue.
Mr Derek Spencer: The view that the Serious Fraud Office got hold of all Mr. Nadir's private and personal papers is totally misconceived. This matter has been dealt with by my right hon. and learned Friend the Attorney-General in correspondence with the previous solicitors of Mr. Nadir. There were just a number of papers. They were extracted at an early stage. When Mr. Nadir comes back to this country, the...
Mr Derek Spencer: The Attorney-General's priority is to continue to work with the Director of Public Prosecution and the Serious Fraud Office to ensure the robust and effective prosecution of criminal offences by the prosecuting authorities.
Mr Derek Spencer: The hon. Gentleman should be slow to equate provisional findings with fact. The auditor made it plain that he was minded to find certain things, subject to the respondents being given an opportunity to show otherwise. They will be given that opportunity and will have the possibility of explaining to the district auditor that their behaviour was lawful. It would be wrong to speculate about the...
Mr Derek Spencer: This case was dealt with properly. All decisions were taken by Customs and Excise, which is an independent prosecuting authority. The Attorney-General's limited role in the case was entirely proper and in response to an approach from defence counsel. The decision to drop the case against Mr. Charrington was taken by the commissioners of Customs and Excise. Two defendants are to be retried in...
Mr Derek Spencer: I am not responsible, nor is my right hon. and learned Friend, for reports in local newspapers. I can assure the right hon. and learned Gentleman that the matter was properly investigated. As I said, there was a meeting which was requested by counsel for Mr. Charrington. That meeting was chaired by the Attorney-General, and counsel for the prosecution and I were present. The matter was dealt...
Mr Derek Spencer: The Attorney-General has not been consulted about any such prosecutions. He has given instructions that I should deal with any matter in connection with Lloyd's which arises in his Departments.
Mr Derek Spencer: The hon. Gentleman addresses me as a Minister. I am a Law Officer of the Crown and I have duties in respect of the public interest which other Ministers do not have. The hon. Gentleman asked a specific question about Lloyd's. Where there has been evidence of dishonesty, investigations have been rigorously pursued by the regulatory and the prosecuting authorities. The Serious Fraud Office is...
Mr Derek Spencer: The hon. Member for Neath apparently is not very well informed, but there is not much that is new about that.
Mr Derek Spencer: The Crown Prosecution Service takes into account the considerations and exceptions to bail set out in the Bail Act 1976 and any other relevant information available to it, including material from the police, the probation service, and other sources.