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prosecute in individual cases would remain a matter for the prosecuting authorities.

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Nevertheless, considerable practical problems would follow a decision to extend the British courts' jurisdiction as proposed: it would be difficult to bring any of the cases concerned to a successful prosecution; sensitive decisions would face the prosecuting authorities about whether or not to proceed in individual cases; and any trials would impose a heavy burden on ge courts, about which the Lord Chief Justice had expressed ervations. The cost implications of implementing the eet's recommendations were also likely to be substantial,

hough it was difficult to assess these with any accuracy because they would depend crucially on how many cases came to trisl. Because of the age and infirmity of witnesses and the fact that the crimes were committed outside the United Kingdom, it was likely that provision would have to be made for taking evidence by live television link from witnesses abroad, and it might not be feasible to restrict this provision solely to war crimes tals In view of these difficulties, he proposed that his statement should set out the issues of principle and practicalit

indicate that while the Government's preliminary

vas that the Inquiry's advice should be followed and etion introduced, it wished to hear the views of both age of Parliament in debates on the report before any final decons were taken. He anticipated that in practice opinion wo

divided both on the Government and the Opposition sides.

In discussion the follo gain points were made:

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a.

EN

A number of overs

tnesses whose evidence would be required if particular gesere to be proceeded with had already indicated that they were too old or infirm to travel to the United Kingdom,

it appeared that if the legislation was to have pract effect it would be hard to avoid making provision, at est on a limited basis, for taking evidence by live television link from abroad. In some cases, virtually the whole prosecution case would need to be conducted by these means which would restrict the normal scope for cross-examination.

b. If the recommendations of the report were to be adopted, calls were to be expected from some members of the British forces alleged to crimes to be tried, notwithstanding the fact courts' existing jurisdiction over such unaffected by the proposed legislation. prisoners of war were also likely to feel stroke extension of jurisdiction should not apply only to

for former committed war the British would be Japanese that the

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