HC Deb 27 July 1894 vol 27 cc1142-3
MR. POWELL WILLIAMS (Birmingham, S.)

I beg to ask the Attorney General whether his attention has been called to the case of Elizabeth Saunders, convicted on the 23rd instant, at West- minster Police Court, of cruelty to three children, and sentenced by Mr. de Rutzen to a term of three months' imprisonment for each offence, or nine months in all; whether he is aware that provincial Justices, sitting in Petty Sessions, are advised by the Magistrates' clerks that under the Summary Jurisdiction Acts they cannot sentence any prisoner to a punishment exceeding a term of six months with hard labour, except in cases of failure to find security for good behaviour at the end of that term; and whether the London Police Magistrates have larger powers of punishment than provincial Magistrates sitting in Petty Sessions possess; or whether it is to be understood that Courts of Summary Jurisdiction both in the Metropolis and in the provinces have powers to inflict cumulative sentences which may extend beyond six months' hard labour?

THE ATTORNEY GENERAL (Sir J. RIGBY,) Forfar

Questions of this kind ought more regularly to be addressed to the Home Department. No doubt, if that were done the Secretary of State for the Home Department would cause the proper steps to be taken and communicate with the Police Magistrate about this case.

MR. POWELL WILLIAMS

I am not at all calling in question the exercise of the Magistrate's judgment; I am only asking as to his powers.

SIR J. RIGBY

If that is an abstract question of law, I must decline to answer.

MR. POWELL WILLIAMS

It is not an abstract question. It is a concrete question. I will put it down again for Monday.