§ MR. J. W. BARCLAYasked 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- 1830 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.