ON THE

Quarterly Newspaper of the Welsh Campaign for Civil and Political Liberties AUTUMN 1982 Number 5 Price 30p .. ~ i The trial of David Bums, Robert Griffiths, Nicholas Responsibility for these attacks had been claimed by

Hodges, J9hn Jenkins1 Jennifer Smith, Dafydd Ladd, a new organisation calling itself the Workers Army of Brian Rees and Adrian Stone is not only a milestone the Welsh Republic. There was a massive police in their personal histories but also represents a test response to these various incidents and eight police case for civil and political liberties in . forces have been involved in the investigations: the Consequently, this iss~.~e of WOW concentrates both four Welsh forces, West Midlands, Warwickshire, City on their individual circumstan~$ -and also upon the of London and Scotland Yard. general issues which are raised by this case. The laws of contempt .make it impossible for us to disclose all Over a period of some months from the end of Apr.il we know about the pending trial but there are a 1982, a number of people were visited by police and number of substantive issues which should, and can be questioned; some were followed and kept under gener-. discussed. These are considered inside the paper. The al surveillance; a number of others were taken into purpose of this story is to present an accurate, factual custody, he Id without access to lawyers, threatened, account of events to date. (As we go to press on Oct­ interrogated and released without charge in a pattern ~ber 18th we know that the five held in prison will which is now all too familiar in Wales.Eight people be appearing before magistrates once more on were finally remanded in custody., charged with October 21st and may make fresh bail applications offences under the Explosive Substances Act 1883, then). and two others were released on bail having been charged with impeding the apprehension of one of Since tv'tarch 1980 (an important date for the defend- the defendants. ants as the conspiracy charges commence then) Wales Of the eight in custody, one (Jennifer Smith) was and England have been subjected to a series of fires, released on bail some weeks later; another David John ~ particularly of holiday cottages, and fire bombs. Over Burns, was released on bail and has subsequ~ntly had 70 cottages and a number of boats have been destroyed all charges dropped; a third defendant, Adrian Stone, or damaged by fire. In tv'tarch 1980 a fire bomb was was released on bail on October 14th, having spent left on Porthmadog station. Later that month, fire bombs over six months in prison. The other five remain in were discovered at Conservative Party offices in Cardiff Knox Road where they have been held since May, and Shotton. In May 1980 an incendiary device went despite repeated strong bail applications. In view of off outside a Conservative Club in Cardiff. July saw the volume of papers presented by the DPP, (there another device found at yet another Conservative Club are more than 1,200 pages of evidence from the DPP, in Cardiff and ,a fire bomb was put through the window and reputedly over 300 police witnesses), their contin­ of the second home of the Secretary of State for Wales. ued detention becomes a matter of even graver concern In November-1980 a fire bomb attack in Shrewsbury as it makes it extremely difficult for them and their was linked with the incidents at Cardiff and Clwyd. lawyers to prepare a detailed defence to the charges against them. In October 1981 a fire bomb was planted at the Army Careers Information Office at Pontypridd on the route Currently, David Frederick Burns is charged under of the visit by the Prince of Wales and his wife. A section 3(a) of the Explosive Substances Act 1883 bomb was found that month at the headquarters of the (concerning the Pontypridd incident); Robert Griffiths is British Steel Corporation in Cardiff. In March 1982 is also charged under section 3(a) (concerning the an explosive device went off at the Welsh Office Pontypridd incident); and under section 4(1) of the Agricultural Departmeht in Cardiff. During this time Criminal Law Act 1967 (alleged to have impeded the explosive devices had been found at the National apprehension of Dafydd Ladd); Nicholas Hodges is also Coal Board's pensions and investment branch off Fleet charged under section 3(a) of the Explosive Substances Street, London; the Severn Trent Water Authority Act; John Jenkins is charged under section 4(1) of the Offices, Birmingham and at the offices, in Stratford Criminal Law Act (alleged to have im~ded the app­ upon Avon of the firm of International Designers and rehension of Dafydd Ladd). Dafydd ladd is charged Constructors, with which Denis Thatcher was associated. under section 3(b) and 4(1) of the Explosive Substances ARY

Newyddiodur Chworterol Ymgyrch Cymru dros Howliou Gwleidyddol a Sifil HYDREF 1982 Rhif 5 Pris 30c

Y mae achos David Burns, Robert Griffiths Yn ys~o~ y cyfnod hwn, daethpwyd o hyd i Nicholas Hod2es, Dafydd Ladd, Brlan Rees,' ddyfe1s1adau ffrwydrol yng nghangen pensiynau Jennifer Smith, Adrian Stone a Gareth a buddsoddiadau'r Bwrdd Glo ger Stryd y Westacott yn achlysur hanfodol bwysig Fflyd, Llundain; yn Swyddfeydd Awdurdod iddynt hwy yn bersonol. ond y mae hefyd yn Dwr Hafren Trent, Birmingham, ac ~ achos prawf o safbwynt hawliau sifil a Stratford upon Avon, yn swyddfa cwmni Internation~l Designers and Constructors, gwleidyddo~ yng Nghymru. 0 ganlyniad, yr oedd Den1s Thatcher yn gysylltiedig ag y mae' r rh1fy~ hwn o Ysgrifen E_y_Mur yn canolbwynt1o ar eu hamgylchiadau personol ef. . Derbyniwyd y cyfrifoldeb am yr y~osod1adau hy~ gan fudiad newydd a alwai hwy ond yn archwilio hefyd y cwestiynau e1 hun yn Fydd1n Gweithwyr y Weriniaeth mwy cyffredinol a godir gan yr achos hwn. Gymreig, neu WAWR. Bu ymateb anferthol o Y mae'r gyfraith ar ddirmyg yn ei gwneud du'r heddlu i'r gwahanol ddigwvddiadau hyn, hi'n amhosibl i ni ddatgelu'r cwbl a a bu wyth heddlu gwahanol wrthi'n ymholi: wyddom am yr achos sydd i ddod, ond v mae Y pedwar heddlu Cymreig, Gorllewin Canolbarth yma nife: o faterion o sylwedd y gelllr, Lloegr, Swydd Warwick, Dinas Llundain a ac y dyl1d eu trafod. Ystyrir y rhain Scotland .Yard. ar y tudalennau nesaf. Dib~n yr erthygl hon yw disgrifio'n gywir ac yn ffeithiol yr hyn sydd wedi digwydd hyd yn hyn (wrth Mewn cyfnod o rai misoedd, o ddiwedp mis i ni fynd i'r wasg ar y 18fed o Hydref, E~rill 1982 ymlaen, ymwelodd yr heddu ~ gwyddom y bydd y pump sydd yn dal i fod yn n1fer o bobl a'u holi; dilynwyd rhai pobl y carchar yn ymddangos ger bron ynadon a chadwyd gwyliadwraeth arnynt; cymerwyd nif:r ~ b?bl i'r ddalfa a'u cadw yno heb Caerdyd~ unwaith eto ar yr Zlain o Hydref, gan1atau 1ddynt weld cyfreithwyr, cawsant felly m1 all fod y gwneir ceisiadau newydd eu bygwth, eu croesholi a'u gollwng yn am fechniaeth bryd hynny). rhydd heb ddim cyhuddiad yn eu herbyn mewn patrwm sydd yn hen gyfarwydd i ni yng Er dydd G~l Ddewi 1980 (dyddiad pwysig o safbwynt y diffynyddion gan mai dyna· Nghymru heddiw. Ar derfyn hyn oll, yr oedd wyth person yn y ddalfa wedi eu pryd y mae'r cyhuddiad cyhueddo o dramgwyddau o dan Ddeddf • cynllwy_pio y~ dechrau), llosgwyd nifer Defnyddia~ Ffrwydrol 1883, ac yr oedd dau helaeth '<> da1 ha£ yng Nghymru, a gosodwyd arall wed1 eu rhyddhau ar fechniaeth ar nifer o fomiau t~n yng Nghymru a Lloegr. gyhuddiad o fod wedi llesteirio restiad Dinistriwyd neu niweidiwyd mwy na 70 o un o'r diffynyddion eraill. d~i a nifer o gychod drwy eu llosgi. Ym m1s Mawrth 1980, gadawyd born tan ar orsaf Porthmadog. Yn ddiweddarach y mis hwnnw, O'r wyth a gadwyd yn y carchar, cafodd un ohony~t, Jenn~fer Smith, ei rhyddhau ar daethpwyd o hyd i fomiau t~n yn swyddfeydd fechn1aeth ra1 wythnosau'n ddiweddarach· y Blaid Geidwadol yng Nghaerdydd a Shotton. cafodd un arall, Dafydd John Burns ei ' Ym mis Mai 1980, taniwyd dyfais debyg y tu ryddha~ ar fec~niaeth, agollyngwyd'pob allan i Glwe Ceidwadol yng Nghaerdydd. cyhudd1ad yn e1 erbyn wedi hynny; Daethpwyd p hyd i ddyfais arall mewn Clwb rhyddhawyd trydydd diffynydd, Ad~ Ceidwadol arall yng Nghaerdydd ym mis Stone, ar fechniaeth ar Hydref 14eg ar 61 Gorffennaf, a gosodwyd born t~n i mewn drwy treulio dros 6 mis yn y carchar. y mae'r ffenestr ail gartref Ysgrifennydd Gwladol pump arall yn dal i fod yng ngharchar Knox Cymru. Ym mis Tachwedd 1980 Road, lle maent wedi hod er mis Mai er cysylltwyd ymosodiad ~ born t~n y~ Amwythig gwa:thaf ymgeisio'n rymus am fechniaeth dro ~·r digwyddiadau yng Nghaerdydd a Chlwyd. ar ol tro. Yn wyneb y llwyth anferthol o bapurau a gyflwynwyd gan Adran yr Erlynydd Ym mis Hydref 1981, gosodwyd born t~n yn Cyhoeddus (y m~e'n debyg fod mwy na 1,200 Swyddfa ~ysbysrwydd Gyrfaoedd y fyddin ym tudalen o dyst1olaeth, ac y bwriedir galw ~ontyp;~dd, ~r lwybr ymweliad y tywysog 300 o dystion heddlu), y mae eu caethiwed S1a:1 a 1 wra1g. Daethpwyd o hyd i fom parhaus yn destun mwy fyth o bryder gan y m1s_h~nnw ym mhencadlys y Gorfforaeth Ddur Bryde1n1g yng Nghaerdydd. Ym mis Mawrth ~od hynny'n ei gwneud hi'n llawer anos 1ddy~t hwr a'u cyfr~ithwyr baratoi 198~, ffrwydrodd dyfais ffrwydrol yn amdd1ffyn1ad manwl 1 1 r cyhuddiadau yn eu Adran ~~·et~ y Swyddfa Gymreig yng Nghaerdydd. herbyn. Act, under section 4(1)(b) of the Perjury Act 1911 months for possession of an explosive substance. He (obtaining a false birth certificate) and under section was intending to let it off with others in a park on 36 of the Criminal Justice Act t925 {obtaining a Guy Fawkes night~ At the other end it is established false passport). Brian Rees is charged under 3{b} of sentencing policy that the use of any type of bomb can the Explosive Substances Act; Jennifer Smith is attract deterrent sentences. Judge Donaldson commented charged under section 4(1} of the Explosive Substances ".. . let it never be forgotten it is not only the man or Act as is Adrian Stone. Gareth Westacott is charged woman who pulls the trigger or plants the bomb who under section 3(a) of the Explosive Substances Act is the terrorist. Anyone concerned at any stage shares (concerning the Pontypridd incident). All the defendants the guilt of using violence for political ends. "(1975) except John Jenkins are further charged that on various days between the 1st March 1980 and the 25th June 1982 they conspired together and with other persons The next stage for the defendants is the committal unknown, to destroy or damage property without lawful proceedings which are scheduled to take place on excuse, contr~ry to section 1 of the Criminal Law Act November 15th in court number 5, Cardiff courts 1977. Charges under section 3(a) against Dafydd John in the civic centre. Facilities for instantaneous Burns {concerning the Pontypridd incident) were dropped translation exist in this modem court and it was est­ ·on October 14th and costs were awarded to him out of ablished on October 14th that defendants intend to public funds. Burns, who has a history of police harass­ excercise their right under the Act ment informed WOW that he intended bringing a civil 1967 to use the Welsh language. The "old fashioned" action against South Wales Police for false arrest and proceedings will be invoked whereby the defence will imprisonment. challenge the prosecution's case. This will involve the presence and oral testimony of dozens of police officers and also forensic scientists. These proceedings ore The principal and substantive charges against the def­ likely to last about three weeks and will attract wide­ endants lie within the Explosive Substances Act along spread attention. If the prosecution continues a pre­ with the 11 catch-all" charge of criminal conspiracy. trial review is likely to occur early in 1983 which will Section 3 of the Act is as follows: involve the lawyers for the demnce and prosecution 11 A person who ... unlawfully and maliciously- (a) does and the· judge. One important question that will be any act with intent to cause, or conspire to cause, by discussed is the venue for the trial. Rumour has an explosive substance an explosion of a nature likely it that the Old Bailey in March might be mooted to endanger life, or cause serious .injury to property •.. but given the political nature of the case then or (b) make or has in his possession or under his control Cardiff Crown Court would seem to be a· more favour­ an explosive substance with intent by means thereof to ed venue for the defence. The date of the trial is endanger life, or cause serious injury to property .•. or yet to be set but lawyers ore talking of summer 1983. to enable another person so to do, shall whether any We are informed that all defendants are pleading not explosion does or does not take place, and whether any guilty to the principal charges. injury to person or property is actually caused or not, be guilty of an offence and on conviction on indictment shall be liable to imprisonment for life •.. 11 Section 4 of the Act concerns making or possessing ex­ plosives under suspicious circumstances. 11 Any person Contempt of court who makes or knowingly has in his possession or under In the name of justice the law restricts freedom his control any explosive substance, under such circum­ to discuss and to comment upon matters which may stances os to give rise to a reasonable suspicion that be the subject of court proceedings. Things said he is not making it or does not have it in his possession at public meetings or printed in leaflets or news­ sheets could make people liable to prosecution. dr under his control for o lawful object, shall, unless It is a two edged sword for not only can it be he con show that he mode it or hod it in his possess­ used to protect defendants but also to stiffle ion or under his control for a lawful object, be ..• legitimate comment and debate. liable to imprisonment for o term not exceeding four­ teen years .•. " The most infamous of the restrictions is contained in the law of contempt of court. Although it received extensive publicity, the Contempt of Court Act 1981, declared by Lord Hailsham to be a Section 9 states that "explosive substances" include liberalising measure, has not, in practice im­ "any materials for making an explosive substance; also proved matters. Once legal proceedings are ~my apparatus, machine implement or materials used, "active" then any public comment may be in con­ or intended to be used, or adapted for causing, or tempt of court if two or three judges, sitting aiding in causing any explosion in or with any ex­ without jury, decide that it creates a substan­ plosive substance; also any port of any such apparatus, tial risk that the course of justice will be machine or iintplement. 11 Items stated in the charges seriously impeded or prejudiced. to hove been found either with Smith or Stone include Most caution is required in criminal cases. Hexamine (fire lighters), chloride, 2 switiches, battery, Comment is restricted once any one of the follow­ orch bulb, length of wire, drcuit board, tester and ing four events has occurred: (i) a warrant has been issued for a person's arrest; (ii) a person has been arrested; (iii) a person has been charged with an offence; (iv) a summons has been issued. harges under the Explosive Substances Act are ext­ Once a verdict of guilty or not guilty has been mely serious· and it is usual for the court to impose reached then, in practice, the restriction ceases. todial sentences for the mere possession of The nearer the trial approaches the more careful you must be with any comment. plosives. At one end of the scale a 19 year old fcont. on p.3) of previous good character was detained for 9 EDITORIAL

We return after a long absence with an issue of Writing and more people were detained or questioned by the on the Wall devoted mainly to matters arising from the police, we also felt it to be a matter of great urgency case of the Cardiff prisoners and others charged in that we should produce a guide to citizens' rights in connection with incendiary devices found in Cardiff and the circumstances. This guide, 'What Right ••• ?' (copy Pontypridd last autumn and earlier this year. Their case enclosed for members) is available from WCCPL, 13 has highlighted many areas of grave concem to WCCPL: Dago Street, Pontcanna, Cardiff, price 40p (inc.p&p) the fact that people are harrassed by the police for their and we urge everybody to obtain a copy. political opinions (all the accused are members of the Welsh Socialist Republican Movement or Plaid Cymru); This case highlights once again the need for a strong The failure of magistrates courts to comply with the Welsh civil and political liberties organi.. tion in the spirit of the Bail Act 1976 which has meant that some face of the increasing disregard of the State for the of the defendants have been held in Knox Road prison rights of the individual. We therefore appeal to all since May; the possibility of jury vetting when the readers of this paper to support WC"CPL and build it up case finally comes to court and the use of the infamous into a powerful movement (on the form below), getting conspiracy laws as a catch-all charge against 8 of your branch of union/political organisation to affiliate the defendants, to name but a few of the issues raised and sending in a donation. by this case. The administrative breakdown of the last six months has made things simpler in one respect - by now everyone's The events of this summer account for our failure to membership will have expired and so we appeal to all produce another issue of the paper since January. former members to renew their membership immediately The arrests began in April as we were preparing to go to (on the enclosed cyclostyled form). tkmbership and to press with our spring issue. A number of WCCPL affiliation fees are our main source of income - we executive members were heavily involved in the need that money NOW~ work of setting up the Welsh Political Prisoners Defence Committee, preparing a Briefing Paper (copy With your support WON can continue to campaign in enclosed for members) , leaflets and other publicity defence of civil and political liberties in Wales; without material and generally working for the prisoners that support, this may well be the last issue of the paper welfare and civil rights. During the summer as more to appear.

cont. from p. 2) As well as restrictions on discussion of legal proceedings there are also restrictions on what WCCPL MEMBERSHIP can be reported. Before a jury trial an accused person appears before the magistrates to be remand­ Name: ed and to be committed for trial. At this stage ------only the names, addresses and occupations of the Address: accu-sed, the offences with which the accused is ------charged and a few other minor details may be Tel: published. No account of evidence or description ------of the proceedings is permitted unless the re­ Signature (Individual/Officer) strictions are lifted ------Once the trial has start~d then anything can be Name of organisation if affiliating published provided (i) the report is fair and ------accurate (ii) the judge has not ordered that it I enclose (tick as appropriate) should not be published. Individual membership (waged) £3.00 Whether a publication is in contempt of court Individual membership (unwaged/OAP/student) depends upon the sometimes idiosyncratic views of £1.50 the judges. In criminal cases their main concern Affiliation fee (minimum £7.00) is to protect the jury from prejudice and to en­ sure that they come to their verdict on the basis Please send a free copy of Writing on the Wall to: of the evidence presented in court. It is inadvis­ able as the trial approaches to publish any of the following: any comments on the accused's character; any photo of the accused if identity is an issue at the trial; any publication of evidence which I would like to order copies of WCCPL Rights may be used in the case (e.g. confessions); any Guide, "What Right ... ?" at 40p per copy (inc. p&p) comment on the credibility of witnesses; anything or 30p per copy (inc. p&p) for orders of 10 or over, which may seem to prejudice the merits of the and I enclose £ case. ----- One of the issues of the law of contempt is that 1 would like to make a donation of £ to the its.avowed purpose of ensuring a fair trial may Campaign. Total amount enclosed: £ --. interfere with justice and prevent matters of pub­ lic importance from being aired. The Contempt of (Cheques should be made payable to the Welsh Cam­ Court Act introduced a limited public interest de­ paign for Civil and Political Liberties, and returned fence, but the House of Lords interpretation of with this completed form to: this suggests that it is only a gpod defence if 11 11 WCCPL, 13 Dogo Street, Pontcanna, Cardiff, S Glam) there are no proceedings which are active • 3 Judges' Rules~ Not OK

The police in England and Wales arrested 1,513,600 the powers of the police to stop and search individuals people in 1981, a 3~ increase on the figure for 1980. ore governed by statute. Equally the rights of citizens The conduct and questioning of prisoners whilst in police in police custody and the duties of the police should be custody is governed by section 62 of the Criminal Low so governed. A clear and comprehensive statute would Act 1977 and the Judges Rules. The Act provides "any indicate the parameters of possible police conduct which person who has been arrested and is being held in would benefit the individual, the police and lawyers. a police station or other premises shall be entitled to The present lock of clarity has left a well documented hove intimation of his arrest and of the place where he trail of police confusion, d.tacretion and abuse of their is being held sent to one person reasonably named by powers under the present Rules. The proposed Codes him without delay or where some delay is necessary in ore open to the some criticism. the interests of the investigation or prevention or the apprehension of offenders with no more delay than is Once again inadequate sanctions ore offered for police so necessary. " The effect of this is that the police ore breaches of the Codes. Breaches ore to be treated os under a duty to contact only a person named by the matters of internal police discipline os recommended person being held so that unless that person knows the by the Royal Commission on Criminal Procedure. Given name and details of a solicitor it will not enable him the dissatisfaction that the public hove with the exist­ to obtain legal representation. The police ore under ing police complaints procedure, to hand the invest­ on obligation only to "attempt" to make contact with igation of alleged breaches over to the police wi 11 not one person, thus. failure to do so does not allow produce public confidence in this method of subsequent attempts or the substitution of a second enforcement. They also need to apply the exclusionory person. The New Low Journal has described it os rule regarding evidence in criminal trials, i.e. if "all in all the practical realities of the implement­ evidence has been obtained from the defendant in ation of section 62 appear to fall far short of what its breach of the Code, then it should not be allowed sponsors intended it to ochSeve." (20 Moy. 1982). to be produced in court. The second protective device for prisoners in police custody ore the Judges Rules. We dealt with the There ore improvements within the draft Codes but content of these Rules in "Operation Fire" and our generally they ore weak in that they ore drafted in recent publication 'What Right?" The status of these isolation from any consideration of the workings of Rules, drafted earlier this century by judges for the the police and the criminal justice system. For this benefit of the police in interrogating suspects, has reason WCCPL did not comment on them to the Home always been something of a mystery. Technically the Office. There ore two principal deficiencies: one, rules ore not low and the judges hove repeatedly said that they should be embodied in legislotioh debated in court that a breach of the Rules will not necess­ and passed by Parliament and two, the sanctions for arily result in a conviction being quashed or evidence police breaches should be in the hands of on indep­ being thrown out of court. The result is that the Rules, endent body of investigators. Lord Devlin accurately which are. riddled with exceptions to allow the police brought out the tensions which the police operate to ignore them ore not always observed. Indeed, a study under in a comment in 1972: "The report· pictures conducted in Cardiff by WCCPL members indicated that the police os men with open minds under 'a duty junior police officers were often ignorant or uncertain to question persons for the purpose of discovering of Rules and their meaning. The result was that ce 11 whether and by whom on offence has been committed' officers were unable to implement the Rules not necess­ . . . once the police hove got their man, the prime ori ly through vindictiveness but plain ignorance. (New object of further questioning is to secure a conviction. Low Journal, 1978, pp324-26). Basically if there is no The methods employed ore not always scrupulous ... realistic sanction. why bother to learn and enforce the we te 11 the police to be ardent in the pursuit of crime. Judges Rules? We cannot also demand that they should be detached in the assessment of guilt." (Sunday Times, 2 July However, in July, the Home Office issued draft Codes 1972). We believe the new Codes will encourage such dealing with the interrogation of suspects and their conduct . treatment in police custody and also with identification parades and procedures. These

Today, in 1982, Burns, Griffiths, Hodges, Smith, Delwyn Williams, Conservative M.P. for Montgomery Stone and Westacott argue that they have been has written to the Home Secretary about the de lay in selected because of their political beliefs and not bringing to trial the people charged with .. explosives for criminal activity. Once again, the state has and conspiracy 11 offences. He indicated he has no idea • politicised events by selecting a number of people why there should be a delay and believes rhe public who hold radical opinions; calling them •terrorists• in has a right to know why the proceedings are taking court; treating them as dangerous men who are a threat so long. Whilst welcoming this unexpected interest to national security by consistently opposing bail; it would appear that Delwyn Williams knew more than throwing security of an unusual nature around the the rest of us about the charges. At that time they remand hearings in Cardiff Magistrates Court which has faced charges under the Explosive Substances Act and increased the tension within the court and finally by no conspiracy charges had been laid against them. bringing the notorious charge of conspiracy against them. (BBc Radio News, 30 Sept). The following week it The defendants responded by calling themselves •political was announced that eight people (including the five prisoners • and ru'nni,!!SJ.. Q~vid Burns as a Parliamentary being held at Knox Road) were to be charged with candidate in the ~· byelection in September on a conspiracy to cause damage to property. civil and political liberties ticket. Plaid leader Dafydd Wigley M. P., anticipating the The courtroom struggle due to take place next year, possibility of conspiracy charges being made had venue yet unknown though hopefully in Wales ,has links already called on the Home Secretary for an inde­ with other political developments in this country. lt is pendent review of all conspiracy cases of the last 20 but one point of conflict and confrontation between years before any new conspiracy charges are brought. Welsh dissidents and the British State. lt is important that He comments that in conspiracy charges 11 the most that people recognise the political dimensions of this tenuous and circumstancial evidence can be assembled trial and do not allow the State to simply •criminalise• in a way that makes it appear much more ominous the defendants who are pleading their innocence in the 11 than may be the case. - a criticism with which face of blatantly political charges. WCCPL entirely agrees.

7 of time from committal proceedings to the first .day of We'll Brook no delacy the tri<;~l ignoring the time between arrest or charge and committal. Burns. Hodges, Westacolit; Ladd, and South Wales Assistant Chief Constable Viv Brook has Rees have been in prison awaiting. trial since May (and had his investigation methods and personal links Stone had spent 6 months in custody before being rel­ questioned by the Sunday Times (8 August). The crit­ eased on bail on October 14th) but committal proceed: icism arose out of the case of the self-confessed mass ihgs at Cardiff magistrates court are not until November murderer by arson, Bruce Lee. Lee, from Hull, was 15th. Only then will they enter 'official statistics'. Lore sent to mental hospital for life last year but the Home Hutchinson in the recent House of Lords debate on the Secretary requested David Hall, Chief Constable of Criminal Justice Bill tried to cut the queue for trial. Humberside, to reopen the case after new evidence He advocated adopting the Scottish system whereby was produced suggesting that he had falsely confessed indictable cases must be brought to court within 110 to the crimes. In July Hall called in Brook to conduct days from the time of committal into custody. His prop­ what has officially been described as a "totally impar­ osal was defeated. In the meantime the Cardiff prisoners tial' inquir)C could be inside Knox Road prison until next July await­ ing trial. The Home Office should have said 15 months However, it is now an established fact that Brook is a not weeks as being the normal delay before trial-.-- former collegue of one of the senior police officers who was involved in the Lee inquiry and that Brook is currently using the services of officers who were them­ selves involved in the original Lee investigation. If Not another word ... that isn't cosy enough a vigilant member of WCCPL Thatcher's Criminal Justice Bill is about to remove an spotted Brook night-clubbing with Detective Super­ important right from defendants in political trials. intendent Ron Sagar, the Hull officer in charge of the The unsworn statement from the dock is to be abolished. Lee investigation. On July 21st and 22nd Brook "inter­ This allowed a statement to be made without an oath viewed•' Sagar with two of his staff in Cardiff but on and free from cross examination by barristers. Although the evning of July 21st was seen by our member social­ it had no value as 'evidence' the jury could give it ising with them at 'Corfu by Night', an all night drink­ such weight as it thought fit. lt allowed the political ing haunt in Cardiff. defendent to speak directly to the jury, inviting them to judge the accused on his/her motives, without any Brook told the Sunday Times that in his view relaxing inte r over a meal would not in any way impair his impartial­ interference from lawyers. lt was used with success by ity. In our view such conduct does raise the serious Gwyn Williams in the incitement to disaffection ;trial issue of his '"impartiality". Had Brook's inquiry been in 1975, John Berry in the 'ABC' official secerets ordered under section 49 of the Police Act- which trial of 1978 and recently in the 'Bradford 12' and deals with complaints against a member of the police the Greenham Common peace protestors trials. lt was force- then such socialising would be considered a rare chance for the defendant to excercise the improper. A Home Office spokesperson has stated that freedom of speech. Soon it will have disappeared. although this is not technically a section 49 invest­ New Society 8 July '82 igation, the Home Office believes that by calling in an outside force to investigate "the implication is that the same spirit of that section applies". Drive carefully Gwent police are top of the league for convicting Where does that leave Assistant Chief Constable Viv motorists. In 1980, they notched up a total of 34 con­ Brook? Once again the "no comment" trick has been victions per traffic policeman compared with 21 in pulled by the police. South Wales Police refused to , 2_0 in South Wales and 19 in Dyfed, comment saying the matter was in the hands of the Powys. The nat•onal average is 19 convictions per Humberside police. Humberside have said there will be traffic policeman. lt's nice to know that the £90 mill­ no comment until the inquiry is complete. No date has ion Welsh police budget is being put to good use. been given for its completion but don't hold your breath waiting~ STOP PRESS: lt was recently announced that Gwent police have been using unmarked cars for the last two The Sunday Times concludes its story by saying "To months in an attempt to increase their number of inspire publi~ confidence the method of investigation traffic convictions.' needs to be ·beyond criticism and needs to be made public." We agree with this statement. However, this particular instance raises the more fundamental issue of who polices the police? We believe that a fully independent body which is trusted by the commun­ ity at large is needed now to investigate police conduct and complaints against the police. Nuclear leak Sites at Aberthaw, Portskewett, Connah's Quay and Cardigan Bay are being considered by the Central Jail wait Electricity Generating Board to bui Id nuclear power Currently, over 5, 000 people await Crown Court trial stations. The in formation leaked from a 'highly with over 1,000 behind bars. Official figures suggest confidential' CEGB document has been dismissed as that the national average for delay before trial is 15.2 misleading by the authorities. Don't be surprised if you weeks but this presents an incomplete and misleading haven't heard of this plan before: it's because the impression. Official statistics only measure the length authorities didn't te 11 you. 8 ~--~- -- -· -- -~- -- -

Nottingham decision is very bad." while the Criminal Guilty until innocent Law Review stated: "The Nottingham Justices' has seriously undermined the Bail Act 1976, one purpose Bail is the system whereby a person accused of a crim­ of which was to reduce the number ~of innocent inal offence and awaiting trial is released from custody people remanded in custody for weeks pending their subject to the prov.ision of adequate sureties. A surety trial. After this case the number is bound to ·increase." is someone who is willing to risk her/his own money Thatcher's government is attempting to make the def­ which acts as a guarantee that the defendant will endants position worse. The Criminal Justice Bill will appear when required by the court. -Failure to attend allow defend.ants to continue to be remanded in can result in the surety forefeiting the money. The custody but wi 11 not require their presence in court. relevant legislation is the Bail Act 1976 which establ­ 'Out of sight, out of mind', is the principle adopted. ishes in section 4 a presumption that defendants are entitled to bai I. The Cardiff prisoners have been remanded in custody since Mt:Jy 1982. Despite attempts for bai I they have The principal reason for this is that in theory a person been steadfastly denied it by the magistrates without is innocent until proved guilty and to deprive people adequate reasons being given by the police. Given of their liberty is a very serious matter. Coupled with that their trials may not occur unti I next summer this are the problems faced by people remanded in there is the distinct possibility that these 'innocent' custody: they normally lose their jobs, financial problems men will be held in Cardiff prison for 12 months or arise or are made worse; family difficulties occur when more. 'Innocent until guilty': Guilty until innocent', women suddenly become single parents, the prisoners which is more acceptable? are grossly overcrowded resulting in some prisoners locked up in cells for 23 hours a day; and finally, imprisonment, for that is what it is, causes difficulty in preparing an adequate defence for the trial. lt makes social, economic and legal sense that people Wayne Williams sacked should be out on bail. The governors of High School have decided not to renew Wayne Wi lliams' year-long contract when Police concern about the implications of section 4 of it expires at the end of this term. This means that the Bail Act were expressed shortly after its introduction Wayne, the victim of a bitter campaign waged against when Chief Superintendent Wilkinson at the Police him by a small number of prejudiced parents because of annual conference said that the Act "was making it his connections with the Welsh Language Society (he was almost impossible for an accused person to be kept in jailed for 6 months last year as a result of his activities custody however serious his crime." The Act was prod­ in the 4th Channel Campaign) will be unemployed after ucing "an atmosphere in which the policeman was Christmas. becoming increasingly frustrated and was wondering whether. it was worth risking his life to catch violent The Welsh Language Society has condemned this decision criminals." Despite this rhetoric, 1981 saw a record as a political and unfair one .. and WCCPL cannot but 44,800 defendants in Wales and England remanded in agree with that. After withstanding every attempt to custody awaiting trial. (We continue to have the dismiss him by legal and constitutional means (including highest prison population in Western Europe. In July a High Court action against him, and a Department of 1981, 45,500 people were imprisoned in a system Education inquiry into his suitab.lity as a teacher), it designed for 37,000.) seems that Wayne Williams has finally been defeated and supporters of WCCPL and all readers of Writing on The Bail Act is a mess which means that innocent the Wall to write to Llanidloes School governers people are being kept in prison. lt is an established protesting against this disgusting decision. fact that magistrates are very receptive to police obj­ ections to bail which can occur for the following reasons; 'substantial grounds' for believing the defendant will run away; 'substantial grounds' for believing that "CONTEMPORARY ISSUES IN CRIMINAL JUSTICE" the defendant will commit further offences; 'substantial Labour Campaign for Criminal Justice grounds' for believing that the defendant will interfere with witnesses or obstruct the course of justice. Any PUBLIC MEETING one who at~nds court will notice the reluctance of Friday October 29th, 1982 magistrates_ to ignore police demands for remands in 7.00pm custody even though 'substantial grounds' are not off­ ered to the court. Lecture Theatre, Law Faculty, University College, Museum Avenue, Cardiff There are also procedural problems which make obtain­ Speakers include: ALEX LYON M. P.: Former Home ing bail difficult. The Act states that defendants must Office Minister, f.iember of House of appear before the magistrates not less than every 8 Commons Select Committee Crimina~ days. Historically this was to ensure that they were Justice Bill alive and well. Today this is an opportunity for them DAVID SELIGMAN: Cardiff City to make a fresh application for bail. However, since Councillor, Labour Lawyer, Prospec­ a decision in 1980 called the Nottingham Justices case tive Labour Parliamentary recurring applications for bail are impossible thereby PAIL THOMAS: WCCPL, Senior making the weekly court appearance something of a Lecturer in Law symbolic appearance. This case has been widely crit­ icised. The prestigious lawyers' journal, The New Law Journal stated: "lt is strongly submitted that the 9 \ :

Available for work?

For something like 20 years before Maggie Thatcher availability for work at the UBO, reflecting the became PM, the UK unemployment rate was around the evergreen Tory idea that most of those on benefit average for other "advanced" industrial countries are workshy. This assumption is firmly rejected in (i.e. those in the Organisation ior Economic a study of claimants in the same areas carried out Co-operation & Development). In the Jt years since by Welsh Women's Aid (Available for Work,60p, WWA, the Iron Lady arrived the percentage unemployed Adam Street, Cardiff). This survey concluded that in the UK has increased far faster than in any men were "definitely available for full time work, other major economy, even though unemployment not asking for particularly high wages or limiting almost everywhere has gone up (there is a world unduly the type of work they would do" and so recession). - would not be- affected overmuch by the Rayner Test. But one of the test questions concerns arrangements The Tories deny that the blame is theirs, of made for the care of children, and the whole thing course. But the poverty of their excuses - union implicitly excludes part time work. Since it is militants deliberately forcing up unemployment to mostly women engaged in part time work, and it is tarnish the Tory image, "pricing ourselves out of women who are assumed to be properly at home jobs", and all - is amply and simply demonstrated looking after children, it is women who will by the divergence between UK and OECD unemployment experience the greatest difficulty in claiming rates. In the graph below the distance between the benefit even though they are prepared to work. lines for the UK and the OECD is effectively a Whether or not this follows from policy decision measure of the unemployment caused directly by to discourage women from even appearing in the government policy. unemployment figures we can't say, but it certain­ ly fits in with such statements as Lord Spens' that married women "s~ould not compete in the market for paid jobs". Neerly half of all mothers now work, and often their income is crucial in WALtS avoiding a decline into" poverty for their families. [J 15 Adding to their problems in this way surely .,... _J -r. Q contradicts Maggie's claim to be supportive of the 0 ~ L).K. family. ~ z \11 The last word is fittingly from the Civil Public 1: 10 \J ~ & ..tf \tl Servants Association, whose members will have to "2: administer the Rayner Test. They say the scheme ~ "is clearly another attempt to penalise unemployed ,... people who are already suffering. To apply such a z 5 strict test of people's availability for work at ~ a time when there is virtually no work is hypo­ critical." ~

19~2 ppApJaDJ 'ouuo:>~uod '~aaJ~S oBoa £ L SH~JA :~o uoy uauJnH J,D pAy6uA PAiaMy:>Ap n,o 'I!J!S D IOPP"P!81M~ nouMDH That low pay is no guarantee of a job is all the soJp nJWAJ y:>JA6wA. ! AMPDIDP u,nD!=>a!s pnauM6 P!IAG more evident when we look at Wales. Last year 3 J!aao6wo D WMSUDJAJ full-time men in Wales earned £20 per week less, and women £12 per week less, than their counter­ . y:>JA6wA J,! 3 JDaD6wD :>D I AMJ parts in S.E. England - yet unemployment was 6% nau 0 l o uo1qay:>JD wo (d'id sAMUUA:> uA) !do:> A =>O£ higher. Dogma and hypocrisy continue to shove up nau (~d SAMuuA:> uA) !do:> A :> ov wo "<. · · "IMDH od .. the jobless figures: now more than a sixth of the 'S~HJA nD!IMDH JJAIMDl o !do:> -- nqay:>JD UMJDJ force is registered unemployed......

Small won~er, then, that Cardiff and qo W!PP were used at the beginning of this year as testing wo :>o poyJ uA Jnw I< ·Jo uawBsA o !do=> y:>Muojuoa grounds for a new scheme intended to make "sub­ stantial savings" in the costs of unemployment (wMs) 3 benefits and their administration. This scheme - (OO"L3 o wMSJD!all) n~nAsA6wA 1o1 the Rayner Test - involves a switch from the present system, whereby unemployed first register 0~ · l3 JM!JAjAW for work at a Job Centre and only then make a jJM~A!suadj6oi-JAB!P) 1o61un y~eopo1av claim at the Unemployment Benefit Office, to one 00"£3 (6!pa6o1JA=>) 106!un y~aopolav' in which it is no longer necessary to register as (IOPO!Jd y:>Miq A y:>M!=>H) jaD6w'V' unemployed (which will mean an apparent and cosme­ tic fall in jobless numbers). Instead, it will be necessary to submit to a more rigorous test of

10 S~HJA Hl3'V'G013'V'

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