The Gazette 1972

Criminal Law Revision Report By MICHAEL ZANDER, Legal Correspondent.

The controversial report of the Criminal Law Revision Committee on evidence in criminal cases and the rights of the accused is now expected to be published next month. The report will recommend the abolition of the time honoured requirement that suspects must be cautioned by the police. It will also propose that the accused should lose his liberty to stay out of the witness box. Under the committee's proposal the defendant would not actually commit contempt of court if he refused to answer questions, but he would be told by the judge that he must give evidence. If he refused to do so, he would be warned that the court and the jury would be entitled to draw adverse inferences from his silence. He would be required to give evidence on oath subject to cross-examination. His right to make, an unsworn statement from the dock would be abolished and unless the court ordered otherwise his evidence would have to be given immediately after the conclusion of the prosecution's case. The present rule that a divorced husband or wife cannot be made to give evidence for the prosecution against a former spouse would be abolished. The report will also recommend that the court should be able to draw adverse inferences if a person being questioned by the police did not mention a fact which he subsequently wished to use in support of his own defence, and which he could have been expected to have mentioned at that time. The court will, however, retain its general discretion to exclude any evidence it thought unfairly prejudicial. The committee will suggest changes relating to the admissibility of confessions, to help the prosecution. Under the present law a confession is inadmissible if the defence can show that it followed some threat or inducement made by a person in authority. The courts have, for instance, held that the suggestion, " You had better tell the truth," or an offer of bail or cigarettes in return for a statement were inducements vitiating the confession. Under the committee's proposals, an induce- ment would no longer vitiate the confession if the prosecution was able to prove that it was not of a kind to make the confession unreliable. The court will not propose any other change in the rules governing questioning of suspects. Nor will it, as predicted, recommend that previous convictions should be generally admissible in evidence. The Home Secre- tary, Mr Maudling, made this clear in a written answer in the Commons last month. But the report will propose important changes in the admissibility of hearsay evidence and in the rules regarding corroboration. The present requirement that unsworn evidence of children must be corroborated would be abolished except where the offence was a sex

crime against a child under 14 and the evidence was only that of the victim. Also, the judge would no longer be required to warn the jury of the danger of relying on the uncorroborated evidence of accomplices. On the other hand, a new rule would require that when the case against the accused was wholly or mainly based on disputed identification evidence, the court would be required to give a warning of the danger of acting on such evidence without corroboration. The report, which has been eight years in preparation, will be accompanied by a draft Bill. The committee was set up in 1959 as a standing committee to advise the Home Secretary. All its 10 previous reports have been implemented. Legislation on this one is likely next session. (Guardian, 11th May, 1972).

SAINT LUKE'S CANCER RESEARCH FUND

Gifts or legacies to assist this Fund are most gratefuly received by the Sec- retary, Liam P. Egan, F.H.A. (E), at "Oakland", Highfield Road, Rathgar, Dublin 6. Tel. 976491. This Fund does not employ canvassers or collectors, and is not associated with any other body in fund-raising.

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