- The Observer,
- Sunday October 28 2001
In a remarkable breach of security, 300 pages of documents and printed emails were left behind in a Westminster pub after a heavy drinking session involving senior Home Office officials.
The loss provoked a row across Westminster last night with opposition MPs condemning the disclosure of details of another Government attempt to 'spin' bad news. Home Office Permanent Secretary John Gieve also ordered a leak inquiry and called in police to investigate the loss.
The documents reveal proposals to relax the official definition of 'being brought to justice' in an attempt to raise the numbers and fulfil a commitment made in the Labour Party's election manifesto.
The party pledged to tackle the problem of persistent offenders - the small proportion of criminals responsible for the overwhelming majority of crimes - by increasing the number of convictions by 100,000.
This would double the chances that persistent offenders would be caught and punished. The offenders were to be targeted using specialist police officers taking advantage of advances in DNA identification. Tackling such hardcore criminals is seen as the key to reducing the public fear of crime.
However, the papers reveal that the number of persistent offenders convicted actually fell by more than 80,000 last year. One four-page document, headed 'Progress against the delivery contract,' admits that Home Office officials are baffled by the drop and reveals that they are investigating the possibility of changing the way the statistics are compiled in order to increase the number of convictions.
Referring to a crisis meeting set to take place between Home Secretary David Blunkett and the Prime Minister next week over crime levels, the papers state: 'The latest available data shows that, in 2000-01, the number of offences brought to justice was 81,000 fewer... than in 1999-2000.
'We are going to review the definition of "brought to justice" [which currently includes convictions, cautions and offences taken into consideration].' The documents do not say how this could be achieved.
However, legal experts consulted by The Observer say the definition could be broadened to include cases involving persistent offenders which are brought before the courts but not proceeded with; cases in which offenders have died, or even cases in which suspects with past criminal records are acquitted but police believe there was sufficient evidence to suggest guilt.
Such variations occur in parts of the US where the definition of 'brought to justice' varies wildly between different states and police forces.
The papers were left in the pub by civil servants who work for the Criminal Policy Group, whose responsibilities include the work of the prison and probations service, the courts and the judiciary.
The information they contain is intended only for the most senior civil servants, including the directors of the Prison Service, the Probation Service and the Organised and International Crime directorate.
Last night opposition politicians criticised the news of the attempt to change the crime classification. Norman Baker, the Liberal Democrat Home Affairs spokesman, said: 'This is the latest appalling example of the New Labour philosophy of spin. They should tell the truth about their failure to boost conviction rates rather than changing the definition of "brought to justice".'
Shadow Home Secretary Oliver Letwin said: 'The security aspect of this is obviously very worrying. I hope this incident will prompt a thorough review.'
Bruce Houlder QC, who chairs the Criminal Bar Association, said he believed any Government attempt to fix the figures would backfire: 'This target should be seen for what it is - an expression of hope. If the Government has failed, it should admit it and not pretend anything is achieved by changing the definition. It's absurd.'
The documents also contain a draft ministerial paper which details Government responses to each of the most controversial recommendations, including the scrapping of trial by jury for all 16- and 17-year-olds and reforming the law on double jeopardy allowing defendants to face trial on the same offence more than once.
Print-outs of emails suggest that changing the rules of evidence to include bad character, hearsay and witness statements 'is a clear priority for the Prime Minister' despite the fact that such a change in the law is known to be highly controversial.
Last night the Home Office issued a statement, saying: 'We and the Metropolitan Police are investigating the theft of documents from an official at the Home Office. It appears that some of the documents may now be in the possession of The Observer newspaper. If they are, The Observer should return them to the Home Office. The Police have been informed of their possible whereabouts. We are not prepare to comment on the contents of stolen papers.'
