of compensation
for a miscarriage
of justice
had been approved by the
Secretary
of State.
Following
the report
of the War Crimes Inquiry,
a bill
had been introduced to give the courts of the United Kingdom jurisdiction
over
the offences of murdwr or manslaughter committed as war crimes
in Germany or
German-occupied territory
during the Second World War. The House of Commons
had completed its second reading of the bill,
which was to be debated further
in the House of Lords.
392. The mandate of the Royal Commission on Criminal Justice was to examine
the effectiveness
of the criminal justice system in Lngland and Wales and to
consider, in particular,
whether changes were needed in the conduct of police
investigations
and their supervision by senior police officers:
the role of
the prosecutor in supervising
the gathering of evidence; the arrangements for
the defence of accused persons; access to legal advice: the courts’ duty in
cvnsidering
evidence: the arrangement5 for considering and investigating
allegation5
of miscarriage of justice;
and the possibility
of emending the
right of silence in England and Wales. Any change5 in the criminal justice
system in England and Wales were dependent on the outcome of the inquiry
of
the Royal Commission, which had been asked to complete its report within two
years,
393. Replying to other questions, the representative
said that the
recommendation5 made some 10 year6 earlier
by the Royal Commission on Criminal
Procedure had led to the creation of the Crown Prosecution Service, which now
handled all prosecutions
in England and Wales. Access to legal aid was, in
principle,
available
immediately after arrest,
although in terrorist
cases
that accetxs might be withheld for 48 hours.
The question of the quality
of
legal aid was, however, a matter
for debate, and a review of the question of
eligibility
with respect to legal aid was in progress.
Appeals from the Crown
Court might be made on any ground involving
a question of law alone, but on
any ground involving
a question of fact or a mixture
of law and fact, leave of
the Court of Appeal was required.
It was the opinion of the Government that
those arrangements
were consistent with its obligations
under article
14,
paragraph 5, of the Covenant.
394. Regarding the right of silence , there was a requirement that a formal
warning be given by the police that anything said might be used a5 evidence:
thus a suspect was clearly
notified
that he was not obliged to say anything,
The provisions
of the Police and Criminal Evidence (Northern Ireland)
Order
neither removed the right to silence nor reversed the burden of proof.
The
silence of the accused was no evidence in itself
but could serve to
corroborate
other evidence in the case. Section 9 of the Northern Ireland
(Rmergency Provisions)
Act provided that if a person had been charged with a
particularly
serious offence,
such as possession of explosive substances, and
the prosecution had proved that both the accused and the particular
article
were found together at the time of the offence,
it was up to the defence to
prove that the accused did not have the article
in his possession.
395. As a result of the efforts
of the Government, cases of police
interference
with statements had been discovered,
brought to light and put
back before the courts
in order to secure the necessary redress for those
concerned.
Despite the existence of those very well-publicised
and important
cases that gave rise to concern,
the vast majority
of criminal
cases were
dealt with in an entirely
satisfactory
manner. Referring to questions raised
-98-
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