The Gazette 1973

Bar Council totally opposed to reducing rights of accused by MICHAEL ZANDER

The Bar Council has come out strongly against recom- mendations of the Criminal Law Revision Committee about the rights of the accused. A report issued today condemns all the committee's main proposals. Mr. Roger Parker, Q.C., chairman of the Bar Coun- cil, said that the proposals struck at the fundamental concepts of the British system of justice. Even so, they would be ineffectual in achieving what the committee seemed to have mainly in mind—more convictions of the guilty in serious cases. The 73-page report is based on work by the Criminal Bar Association which represents both defence and prosecution barristers. It goes through the committee's proposals point by point: The right to silence —The report condemns the pro- posed abolition of the right to silence in the police sta- tion. It says that this right is the basic safeguard for the accused. Its abolition would impair the fundamental principle that it was for the prosecution to prove its case. It would bear particularly on the inarticulate and considerably increase the powers of the police. The caution —This should not be abolished since it was the only way to ensure that the right to silence was brought to the suspect's attention. Proposed new procedure —The suspect should be asked to sign notes taken of the interrogation and a copy should be given to him within 48 hours of being charged. This would help to reduce argument at the trial as to what he had said whilst being interrogated. The Judges' Rules —Evidence obtained in breach of the Judges' Rules should be inadmissible at the trial unless the judge specifically ruled with reasons that the breach should be condoned. Legal advice in the police station —The report says that suspects were now often deprived of access to a solicitor. It recommends that in such cases any state- ment made after the refusal should be inadmissible at the trial unless, again, the judge ruled with reasons that the refusal was justified. Defence duty to disclose evidence —The Bar suggest that at the committal proceedings an accused should be invited to consider whether he wished to disclose his defence so that it could be checked and tested by the police. Hearsay evidence —The committee's proposal that hearsay evidence of unidentified or untraceable per- sons should be admissible is strongly criticised. Such evidence could too easily be manufactured. No hearsay should be admitted unless other corroborating evid- ence existed. The committee's proposal that a confession could be evidence of the facts stated in it was unacceptable. It would mean that an accused could be found guilty on the out-of-court statement of a co-accused who might not give evidence and therefore never be tested by cross-examination. This would tempt one accused to

make statements against another in return for favours from the police. Previous convictions —The report rejects the com- mittee's proposal that previous convictions should be admissible where the accused admits the facts and denies only his criminal intent. Previous convictions were very prejudicial, especially since they might be for much more serious offences than that in issue at the trial. A danger existed that prosecutors would use them to shore up weak cases. The Bar Council's memorandum proposes that the whole question of criminal evidence and procedure should be referred for further consideration to the Law Commission. Evidence in Criminal Cases, Bar Council, £1. The Guardian (1 February 1973) In Lighter Vein The following is an extract of a letter written by a bank in answer to one from a country firm asking their advices in reference to the transfer by a client to a relation of hers, of her farm, farm stock, and marketable securities : "There is no reason why the stock exchange could not be transferred immediately into Mrs. S's name and a further idea is that Mrs. S should apply for a hard number. Perhaps you would study these suggestions and have a further discussion with our mutual clients." Note—Members are requested to forward humorous stories for this column. EEC Directive on Company Law Proposed changes in company law in the EEC include a minimum capital requirement for companies, more information for shareholders and employees on pro- posed mergers and more detailed format for the con- tents of balance sheets and profit and loss accounts. The EEC directive, which necessitates the law chan- ges, is to be implemented by July 1, the Government Information Bureau announced yesterday. The proposal of minimum capital requirements, if adopted in its present form, would require a paid-up capital of £2,500 for large companies and about £400 for the smaller ones. The Irish Press (2 February 1973) 77