Jack Straw' View

[Nicholas Bohm]

At 08:14 PM 6/30/2000 +0100, Charles Lindsey wrote:
>	On Fri, 30 Jun 2000 17:08:17 +0100
>	Roland Perry <roland@linx.net> said...
>
>> 
>> In article <Pine.SOL.4.21.0006301355580.15539-100000@aidan.ncl.ac.uk>,
>> Quentin Campbell <Q.G.Campbell@newcastle.ac.uk> writes
>> >(b) for the purpose of preventing or detecting serious crime; or
>> 
>> Have people read amendment 215? It changes the definition of "detecting
>> crime" to mean "gathering evidence and apprehending the culprits", as
>> well as the current rather narrow interpretation which does not include
>> these, but is limited to little more than noticing that the crime has
>> occurred.
>
>You need to read Hansard (39.htm Col 1054). It would seem that 
>
>                 (a)  establishing by whom, for what purpose, by what
>                 means and generally in what circumstances any crime
>                 was committed; and
>                 
>reflects existing caselaw, and that
>
>                 (b)  the apprehension of the person by whom any
>                 crime was committed;
>is new, though I would have thought it meant "gathering evidence to find
>where the man was" (scarpered to the Cayman Islands, perhaps) rather
>than gathering more evidence to convict him. However the following
>words seem to belie that:
>
>           and any reference in this Act to preventing or detecting
>           serious crime shall be construed accordingly, except that, in
>           Chapter I of Part I, it shall not include a reference to
>           gathering evidence for use in any legal proceedings.
>
>I am confused. I think we need Nicolas Bohm to explain it to us.

Flattered but out of my depth.

"apprehension" seems naturally to mean " finding and detaining", the former
requiring location information and the latter rquiring manpower; but
perhaps they have in mind "manpower with suitable legal powers by reason of
having accumulated the evidence either to persuade a judge to issue a
warrant or to satisfy themselves they have reasnable grounds for arrest".
In that case evidence is material; but of course intercepted material can't
be used, hence the exclusion for Chapter 1.

Regards,

Nicholas Bohm

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