Police Reform and Social Responsibility Bill

My Lords, because of the lateness of the hour, I will not rehearse the arguments put forward so eloquently by the noble Lord, Lord Campbell-Savours, with which I broadly agree; our aims are very similar. However, I will emphasise one or two points. My interest is in a fair application of universal jurisdiction. Whatever the driving causes of this are, this country has a duty to apply universal jurisdiction, as other European countries do. In defending the proposition that the current system is neither mischievous nor vexatious, I will add that in the past 10 years, only two cases have resulted in successful prosecution—one in 1999 and one in 2005. The 2005 case concerned an Afghan man who was convicted of torture and hostage taking. I think this argues for a pretty restrained system. Indeed, it is very far from being a vexatious system at the moment. I would like to add to what the noble Lord, Lord Campbell-Savours, has said about the system being very efficient at the moment. The magistrates know what they are doing, and they do it very well. There is also a need in these cases, as many noble Lords know, for very speedy and effective action. The new arrangement that is put forward in this Bill would undoubtedly take more time, and that would mean a diminishment of justice. The new arrangement proposed by the Bill also compares somewhat unfavourably with systems in other countries that accept the principle and practice of universal jurisdiction. As the noble Lord said, the Bill as it stands does not spell out what standards the DPP will invoke in deciding whether to grant a warrant. However, if these are stringent in the sense of meeting the full code test—meaning a realistic chance of conviction—they will stretch NGOs with slender resources, which are the only bodies that undertake the initial stages of this crucial aspect of justice. Demanding the full code test would undoubtedly have a chilling effect on the practice of this aspect of justice. Other factors are also important. There is a clear distinction between arrest and prosecution and the very nature of cases involving foreign citizens who are suspected of grievous crimes requires speedier arrest while the case is then prepared for prosecution. Anything that interferes with the element of speed and surprise clearly acts against the application of justice. The amendment tabled in my name and those of the noble Lord, Lord Lester of Herne Hill, and the noble Baroness, Lady Tonge, affords a role for the DPP in that he or she can make proper representation in court and his or her views will be taken into account in any decisions arrived at by magistrates. In this way, the need for speedy action is preserved, as is the expertise and credibility of magistrates. I think the amendment goes some way to meet the Government’s concerns expressed at earlier stages of this Bill but also maintains the advantages of the present system. Finally, if we are serious about universal jurisdiction, and I think we should be, we cannot allow a system that has at least a chance of successful apprehension and arrest of suspected criminals to be undermined for reasons of political expediency.