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Lord Lester of Herne Hill
asked Her Majesty's Government:Further to the Written Statement by the Baroness Scotland of Asthal on 26 January
(WS 52), why the option of allowing intercepting agencies unfettered freedom to choose when to go evidential would fail to meet the requirements of ensuring fairness in criminal proceedings, given that it would be the responsibility of the trial judge to ensure that there was a fair trial. [HL1074]
The Minister of State, Home Office
(Baroness Scotland of Asthal)
An evidential regime could not give the prosecution freedom to choose when to use intercept evidence as this would be open to "cherry-picking" by the state which would be incompatible with our responsibilities under ECHR.