HC Deb 15 July 1908 vol 192 cc850-1
MR. SWIFT MACNEILL

I beg to ask the Secretary of State for the Home Department whether he has received a telegram sent to him on Thursday from Mr. Collinson, the honorary secretary of the Humanitarian League, directing his attention to a sentence of imprisonment for twelve months with hard labour and twelve lashes, passed by Mr. Justice Bigham at the Newcastle Assizes, on a man named Rogerson, under the provisions of the Garrotting Act; whether the punishment of the lash has yet been inflicted; if so, whether he has investigated the circumstances of the crime,, and satisfied himself that the case is one in which it would be improper to advise the exercise of the prerogative of the Crown for the remission of the punishment of flogging; whether, if the flogging has not yet been inflicted, he will investigate the circumstances with a view to its remission if consistent with the interests of justice; and whether, having regard to the fact that the punishment of the lash is confined to one class of crime, is at all times in the discretion of the judge, and is never-ordered by the great majority of the Judges, he will in cases in which prisoners are sentenced to such punishment consider the facts of the case with a view, if possible, to the remission of the punishment.

MR. GLADSTONE

My attention, has been drawn to this case, and I have made inquiry, with the result that I find that there are no grounds which would justify the exercise of the prerogative. The prisoner can, under the-Criminal Appeal Act, apply to the Court of Criminal Appeal for leave to appeal against his sentence. In this, as in other cases, the order for corporal punishment will not be carried out till after the lapse of the ten days during which the prisoner can make his application. While I am ready to consider any representations that may be made to me for the exercise of the prerogative on behalf of prisoners sentenced to corporal punishment, it would, in my opinion, be improper, having regard to the provisions of the Criminal Appeal Act of last session, to take the action suggested by the hon. and learned Member.

MR. SWIFT MACNEILL

Has the punishment yet been inflicted?

MR. GLADSTONE

I believe not.

MR. SWIFT MACNEILL

You ought to know.

MR. GLADSTONE

I am giving the hon. Member what information I have.