§ MR. MATHER (Lancashire, S.E., Gorton)I beg to ask the Secretary of State for the Home Department whether he is aware that in some parts of America, and also in the Colony of Victoria, New South Wales, there has been established a system whereby a distinction between criminal and non-criminal offenders is 486 drawn, and found to be practically possible and beneficial in its operation; and whether he will introduce a clause into the Summary Jurisdiction (Youthful Offenders) Bill to give Local Authorities power to deal with youthful offenders who have been arrested for mere offences against Local Bye-laws and Corporation Police Regulations, such as obstructing the footpaths, throwing orange peel on the pavements, and the like, and which shall provide that such youthful offenders, although arrested by police constables, shall not, as at present, be treated while in custody like ordinary criminals and offenders against the Common Law, and tried and sentenced or discharged in open Court, but shall be dealt with on the lines of the law enforced in Victoria, which provides that children arrested for offences against Local Bye-laws and Corporation Police Regulations shall not be taken to police cells but to offices provided for the purpose, and superintended by special officials, including a matron for the girls' department; that the charges against such children shall be heard and dealt with in a room attached to the said offices by a Magistrate who is empowered to deal summarily with the cases; and that the prosecution of such cases be conducted by an officer of the Department, and not by the police?
§ THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (Mr. MATTHEWS,) Birmingham, E.The Home Office has no official or detailed information as to the system described in the question. With regard to the practicability of drawing a distinction between criminal and non-criminal offenders, I must refer the hon. Member to the answer given in this House on December 5 last, to which I have nothing to add. It would be impossible to make the change proposed in one clause of the Bill now before Parliament. It could only be dealt with in a Bill of many clauses, involving, as it does, a fundamental alteration of our existing judicial system, with the result, probably, of throwing a considerable charge on local funds in order to provide the necessary officials, buildings, and machinery.
§ MR. MATHERArising out of the answer of the right hon. Gentleman, may I ask, in reference to an answer given a 487 few months ago to a similar question in regard to a matter of Common Law, whether the right hon. Gentleman will not take into consideration the fact that as the law relating to offences which are merely transgressions against bye-laws and police regulations now stands, these young persons may be compelled to associate with some of the worst class of the community; and whether he will not consider the desirability of dealing with children accused of trivial offences in a manner more in accordance with the dictates of humanity and justice?
§ MR. MATTHEWSI have some difficulty in following the question of the hon. Member, which is somewhat involved; but I may say that, I have already suggested a variety of rules as to the sending of children to prison. I may further point out to the hon. Gentleman that it is a mistake to suppose that children, when sent to prison, are liable to be contaminated by older offenders. If the hon. Member will propose an Amendment in the sense he has indicated I shall be glad to consider it.