HC Deb 24 August 1881 vol 265 cc822-3
MR. MACFARLANE

asked the Secretary of State for the Home Department, Whether his attention had been called to a report which appeared in the "Standard," to the effect that the Durham Bench of Magistrates had sentenced two boys, aged respectively 12 and 10 years, one to a month and the other to two months' imprisonment, with hard labour, for stealing three pennyworth of apples; and, whether the right hon. and learned Gentleman will cause inquiry to be made into the case, and then, having ordered a good whipping to be administered to these boys, discharge them from custody, thereby preventing encouragement being given to a system of recruiting for the criminal classes?

SIR WILLIAM HARCOURT

Sir, I have seen the report in The Standard to which the hon. Member refers; but as no names were given, it is, of course, difficult for me to ascertain the particular cases to which the hon. Gentleman wishes to call my attention; but he may rest satisfied on the subject, because every case of committal of a child less than 14 years of age comes immediately under my personal notice, and I cause inquiry to be made when I think it desirable to do so. When facts such as those mentioned by the hon. Member are communicated to me I send them to the magistrate who has tried the case, and ask him for an explanation. Therefore, if the facts have not been reported to me as yet, the hon. Member may feel assured that they will be brought under my notice.

MR. MACFARLANE

But, in the meantime, will these boys remain in prison?

SIR WILLIAM HARCOURT

The practice I observe is this. The Governor of every prison is directed to report to me immediately after every case of committal of a child under 14 years of age; usually a statement of the facts reaches me as soon as possible, and thereupon, if the matter appears to me to require investigation, I forward the statement to the magistrate, accompanied with a request for an explanation. I am happy to say that such cases are not numerous now. When I have received the explanation of the magistrate I act accordingly. I could not release the children in question without first having before me the exact facts to justify me taking that step. In any case, there might be some difficulty in whipping these children on account of their age.