§ MR. SWIFT MACNEILL (Donegal, S.)To ask the Secretary of State for the Home Department whether, seeing that 1194 in cases involving criminal charges the accused have a power of appeal to a higher tribunal from the decision of a magistrate, while in cases in which persons are ordered to enter into recognisances to be of good behaviour or in default to be imprisoned for a certain period by a magistrate there is no power of appeal, and the decision of the magistrate is final and absolute, since the order to enter into recognisances to be of good behaviour, with an alternative penalty of imprisonment, is not necessarily made as the result of the conviction, and is not regarded as punishment in law, but as an exorcise of the preventive jurisdiction of the magistrate; and whether, having regard to the fact that the magistrate was apprised in each case arising out of the suffragist agitation that the order to enter into recognisances to be of good behaviour would not be complied with, and that the pronouncing of that order was only tantamount to passing a sentence of imprisonment, in some instances of long duration, from which there is no appeal, instructions will be given that in future in the institution of proceedings in relation to offences connected with the suffragist agitation recourse be not had by the police authorities to the issue of summonses calling upon the accused to show cause why they should not enter into their recognisances to be of good behaviour, but that steps be taken to prosecute the accused in order to secure a conviction against them in due course of law, instead of the infliction of terms of imprisonment without conviction or trial on the order of a magistrate sitting alone.
§ MR. SWIFT MACNEILLTo ask the Secretary of State for the Home Department whether his attention has been directed to the fact that in some of the proceedings instituted by the London police authorities in reference to matters in connection with the woman suffrage agitation summonses were issued to show cause why orders should not be made that the persons so summoned should enter into recognisances to be of good behaviour, whereas in other cases the defendants have been summoned to the police Courts for certain specified offences, such as breaches of the peace and obstruction of the public thoroughfare; and whether, regard being had to the fact that an order that a person enter into 1195 recognisances to be of good behaviour with the alternative in the event of refusal of imprisonment admits of no appeal, whereas the decision of a magistrate on a specific charge is the subject of appeal, directions will be given to the police authorities that in future, if it should be thought necessary to take proceedings against persons for offences in relation to this agitation, such proceedings will be based on definite charges triable in the ordinary way, and giving the accused persons the ordinary rights of appeal from the decision and sentence of the magistrate.
(Answered by Mr. Secretary Gladstone.) The Answer to both Questions is in the negative. The procedure to be adopted is a matter for the discretion of the police authorities, who are guided by the circumstances of each case, and I see no reason for any interference on my part.