REVIEW OF CURRENT PRACTICES AND PROCEDURES RELATING TO DISCLOSURE, ASSOCIATED INVESTIGATION TECHNIQUES AND CASE MANAGEMENT IN HM CUSTOMS AND EXCISE’S CRIMINAL CASES

Following the decision of the prosecution not to offer further evidence in a hearing in cases relating to London City Bond being heard at Liverpool Crown Court, the Economic Secretary to the Treasury, John Healey MP (as the departmental Minister responsible for Customs and Excise) and the Attorney General, the Rt Hon Lord Goldsmith QC (as the Minister responsible for Customs and Excise prosecutions) have agreed to set up an independent review into current practices and procedures relating to disclosure, associated investigation techniques and case management in HM Customs and Excise criminal cases.

The Attorney General is today announcing the review in a written answer to the House of Lords. The Terms of Reference of the review are available in the Libraries of both houses, (and are attached).

Richard Broadbent, Chairman of Customs and Excise, has welcomed the setting up of the review.

Review Terms of Reference

REVIEW OF CURRENT PRACTICES AND PROCEDURES RELATING TO DISCLOSURE, ASSOCIATED INVESTIGATION TECHNIQUES AND CASE MANAGEMENT IN HM CUSTOMS AND EXCISE’S CRIMINAL CASES

To consider the circumstances that led to the termination of the LCB cases heard by Grigson J in Liverpool Crown Court and the lessons to be learnt from those circumstances.

And, having regard to changes in the law or practice as indicated below, changes in relevant procedures and guidelines and to changes in practice within HM Customs and Excise that have taken effect since 1995:

To review the practices of HM Customs and Excise in the recording, retention, revelation and disclosure of material which may be relevant to the prosecution of its criminal cases.

In respect of HM Customs and Excise criminal investigations, to review current compliance with best practice in the use of investigation techniques (e.g. the classification and handling of individuals providing information) and the management and control of cases to the extent these are relevant to the discharge of the prosecution’s obligations in any subsequent criminal proceedings.

To make recommendations.

The review will be conducted by a High Court Judge
Scope of the review

The review:

Will have regard to the relevant statutory framework (such as the Criminal Procedure and Investigations Act 1996 and the Regulation of Investigatory Powers Act 2000), the Attorney General’s Guidelines on disclosure, relevant legal precedent and best practice.
Will focus on current departmental provisions and practice while having regard to the conduct of past cases and lessons to be learnt from them insofar as not already incorporated in current practice; and
Will examine the parts that should be played by officers, solicitors and counsel in the preparation for and the presentation of cases for court and in the disclosure process.

The Review will report to the Economic Secretary to the Treasury, as the Minister responsible for HM Customs and Excise and to the Attorney General.

The Review will have unrestricted access to HM Customs and Excise staff, papers and facilities. It is being asked to report not later than June 2003. A summary of the Report and its recommendations will be laid before Parliament.

Notes for Editors

The review has been asked to report by June 2003.
A summary of the report and its recommendations will be published.
For statement from Customs and Excise see Customs and Excise press notice 96/02.

Press Notices index 2002 July to December