HC Deb 27 February 1879 vol 243 cc1829-30
MR. J. W. BARCLAY

asked the Secretary of State for the Home Department, Whether his attention has been called to the case of Mr. Barr, a respectable farmer occupying 150 acres in Renfrewshire, who on Wednesday 19th February last was sentenced by Sheriff Cowan at Paisley to fourteen days' imprisonment with hard labour, without option of a fine, for killing a rabbit on land immediately adjoining his own farm; whether he will remit the sentence; and, whether it is proposed in the new Criminal Code to modify the Law so as to prevent the infliction of such sentences?

THE LORD ADVOCATE (Mr. WATSON)

The circumstances of the case are not quite as they appear in the terms of the Question. Mr. Barr was charged before the Sheriff Substitute with a con- travention of the Night Poaching Act, and pleaded "guilty." No option was, therefore, left to the Sheriff Substitute except to pronounce sentence of incarceration, with hard labour. I may state, however, that the Home Secretary, having considered the whole facts of the case, has directed that Mr. Barr should be liberated. I do not know whether it is intended in the new Criminal Code to make any alteration in the punishment for such offences; but I may remind the hon. Member that it is not proposed to extend the provisions of that Code to Scotland.