HC Deb 20 May 1887 vol 315 cc803-5

(Mr. Howard Vincent, Lord Randolph Spencer Churchill, Sir Henry Selwin-Ibbetson, Mr. Hoare, Mr. Addison, Mr. Hastings, Mr. Lawson, Mr. Molloy.)

COMMITTEE. [Progress 10th May.]

Bill considered in Committee.

(In the Committee.)

Clause 1 (Power to court to release upon probation of good conduct instead of sentencing to imprisonment) agreed to.

On the Motion of Mr. HOWARD VINCENT (Sheffield, Central), the following Clauses were inserted after Clause 1:—

(Provision in case of offender failing to observe conditions of his recognizances.)

"(1.) If a court, having power to deal with the offender in respect of his original offence, or any court of summary jurisdiction is satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.

"(2.) An offender, when apprehended on any such warrant, shall, if not brought forthwith before the court having power to sentence him, be brought before a court of summary jurisdiction, and that court may either remand him by warrant until the time at which he was required by his recognizance to appear for judgment, or until the sitting of a court having power to deal with his original offence, or may admit him to bail with a sufficient surety conditioned on his appearing for judgment.

"(3.) The offender when so remanded may be committed to a prison, either for the county or place in or for which the court remanding him acts or for the county or place where he is bound to appear for judgment, and the warrant of remand shall order the gaoler to bring him before the court before which he was bound to appear for judgment, or to answer as to his conduct since his release.

(Conditions as to abode of the offender.)

"The court, before directing the release of an offender under this Act, shall be satisfied that the offender or his surety has a fixed place of abode or regular occupation in the county or place for which the court acts, or in which the offender is likely to live during the period named for the observance of the conditions."

(Power to vary conditions.)

"The court having power to sentence an offender released under this Act may, on his application at any time during the period of probation, vary the conditions of his release by substituting another authority for the authority first named or otherwise, as the case may require."

MR. CHANCE (Kilkenny, S.)

I beg to move the following new clause:—

(Act not to apply to Ireland.)

"This Act shall not apply to Ireland."

New Clause brought up (Mr. Chance), and read the first time.

Motion made, and Question proposed, "That the Clause be read a second time."

MR. HOWARD VINCENT

I shall not oppose the hon. Member's proposal, although I regret it.

Question put, and agreed to.

Clause added to the Bill.

MR. CHANCE

I beg to propose the adoption of the new clause of which Notice has been given by my hon. Friend the Member for North Longford (Mr. T. M. Healy), as follows:—

(Duration of Act.)

"This Act shall remain in force until the thirty-first day of December one thousand eight hundred and eighty-eight, and no longer."

We look upon this Bill as a very curious innovation. Its principle is not very clear, and I am afraid that some of its provisions will be found to be distinctly dangerous. But, of course, as it has been decided that the measure shall not apply to Ireland, I will not press this clause if it is the general sense of the Committee that it ought to be a permanent Act. although I myself do not think that it ought to be permanent.

New Clause—

(Duration of Act.)

"This Act shall remain in force until the thirty-first day of December one thousand eight hundred and eighty-eight, and no longer,"—(Mr. Chance,)

—brought up, and read the first time.

Motion made, and Question proposed, "That the Clause be read a second time."

MR. HOWARD VINCENT

I hope the hon. Member will not press this Amendment. To limit the duration of the Bill in this manner would be altogether to divest the measure of its utility. The Bill has been very carefully considered. It was before the last Parliament; it has been under the consideration of the Home Secretary (Mr. Matthews); and it has been drafted by the Government draftsman. I trust the hon. Member will withdraw his proposal.

MR. MOLLOY (King's Co., Birr)

As one of those whose names appear on the back of the Bill, I also hope that the proposed new clause will not be added to the Bill.

MR. F. S. POWELL (Wigan)

I hope that this Amendment will not be agreed to. I am not myself aware of any Bill which has only had an operation of one year. To insert the clause would be to create an entirely new precedent. This is a Bill which can only be tested by experience and practice, and it is quite impossible to test anything thoroughly by experience and practice in the course of 12 months.

MR. CHANCE

As the opinion of the English Members seems to be against the Amendment I will not press it. It seems to me, however, that it will be a curious matter if any first offender is subjected to a longer period of probation than one year. At the same time, after the intimation that has been given to me of the feeling of the Committee I must ask leave to withdraw the clause.

Motion, by leave, withdrawn.

Preamble agreed to.

Bill reported; as amended, to be considered upon Monday next.