My Lords, Clause 2(2) provides for the retention of certain material, "““until the conclusion of the investigation of the offence or””,"
as the case may be, the conclusion of proceedings, where proceedings are taken. My amendment seeks to define what is meant by the conclusion of an investigation for the purposes of this clause.
““Conclusion of proceedings”” seems to be relatively clear. Presumably one gets to the end of a case or the end of an appeal. Alternatively, when an appeal is not possible, I suppose there is always the possibility of a case being reopened by the Criminal Cases Review Commission, but I shall not try to go there. However, we also ought to be clear about when an investigation is regarded as concluded. There has already been a good deal of reference today to cold cases. How cold does a case have to be before it is concluded? If it is cold but not solved, is it still unconcluded? I simply suggest, partly as a way of exploring this matter, that an investigation should be regarded as concluded when it is certified by the responsible chief of police. I beg to move.
Protection of Freedoms Bill
Proceeding contribution from
Baroness Hamwee
(Liberal Democrat)
in the House of Lords on Tuesday, 29 November 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Protection of Freedoms Bill.
About this proceeding contribution
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733 c151 Session
2010-12Chamber / Committee
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