Government Offers Reassurance Over New Miscarriage of Justice Laws

The Government has offered reassurance about protection for journalists’ sources amid concern over new laws aimed at reducing instances of miscarriages of justice. 

Speaking on behalf of the Government, Baroness Evans of Bowes Park said the Government was “committed to ensuring protection for journalists’ sources” and confirmed that a key safeguard of prior notification of an application would be contained within rules accompanying the legislation.  

Baroness Evans was speaking in the House of Lords in response to a probing amendment to Criminal Cases Review Commission (Information) Bill moved by Lord Black of Brentwood which requested key safeguards for journalistic sources be written into the Bill.

Lords had called for the legislation to be tightened up to give better protection to journalists’ sources after the News Media Association highlighted the issue.

Baroness Evans confirmed that inter partes hearings – a key safeguard for protection of journalist sources – would be part of the application for disclosure process but this would be covered in Criminal Procedure Rules rather than on the face of the Bill.

She added that if safeguards were needed they should follow the PACE model but that she did not believe that anything further should be added to the Bill.

Withdrawing the amendment Lord Black said:  “I particularly welcome the assurance that there will be prior notice to the holder of the material at an inter partes hearing, should the case arise. In an ideal world, I would obviously prefer that this was in primary legislation rather than in Criminal Procedure Rules—rules can be changed, whereas legislation cannot be without further scrutiny. None the less, this is a very important safeguard.

“I would obviously be delighted if the Minister was to be persuaded to incorporate PACE provisions in the Bill or, more likely, recommend that their equivalent be enshrined in the Criminal Procedure Rules to achieve the balance that she quite rightly mentioned between freedom of speech and correcting miscarriages of justice.

“I am sure that media organisations would be very happy to discuss that in more detail with the Government or the Criminal Procedure Rules Committee. If she would find that helpful, perhaps the Minister could drop me a note about it.”