HC Deb 15 October 1912 vol 42 cc1046-9
26. Mr. WATT

asked the Secretary for Scotland whether his attention has been called to the conviction in Edinburgh Sheriff Court, on 27th February last, of a constable named Sturgeon who was sentenced to fifteen months' imprisonment; whether he is aware that it was on this man's evidence solely that Miss Jessie Brown, of Glasgow, was arrested and convicted of solicitation; and, if so, whether, in view of these new facts, he is now in a position to enforce a solatium from the authorities to that lady?

27. Mr. WEDGWOOD

asked the Secretary for Scotland whether he is aware that Jessie Brown was convicted of soliciting at Glasgow on the evidence of two plain-clothes constables; that she thereafter obtained two certificates from doctors that she was virgo intacta; that the authorities refused, on this being brought to their notice, to expunge the conviction or to grant any compensation; and that, on her bringing an action, the Justiciary Appeal Court quashed the conviction; and whether, seeing that the two constables were condemned to pay £40 damages in July last for the illegal arrest of one Duncan Harvey, and that one of these constables, Alexander Sturgeon, was in February convicted of what the presiding sheriff described as a singuarly cold-blooded and brutal bigamy, under these circumstances he will recommend that compensation be paid to Miss Brown for the grievous wrong which has been done her?

Mr. McKINNON WOOD

The answer to the first part of the question of my hon. Friend the Member for the College Division of Glasgow is in the affirmative. To the second and third in the negative. The answer to the first and second parts of the question of my hon. Friend the Member for Newcastle-under-Lyme is in the affirmative. As to the later parts of the question, the magistrates stated that they had no power to expunge the conviction, but on appeal to the High Court the conviction was quashed. Miss Brown brought an action against the two constables for wrongous arrest, but it was dismissed on the ground that she had not brought the action within the statutory period of six months. As to the last part of the question, my predecessor entered into correspondence with the magistrates, who informed him that they had considered the case and decided against giving compensation. Since the case against the two constables, I have also been in correspondence with the magistrates, who have informed me that, after consideration and reconsideration on a number of occasions, they do not see their way to alter their decision.

Mr. WEDGWOOD

May I ask the right hon. Gentleman whether there has been any doubt thrown upon the doctor's certificates that this lady was virgo intacta; whether that is accepted, and, if accepted, whether they still refuse to give compensation for this extraordinary arrest —an arrest by constables both of whom have since been convicted of crime, the one of wrongful arrest, and the other of bigamy?

Mr. McKINNON WOOD

As I have pointed out, the conviction was quashed by the High Court. I do not know that I need go into the grounds upon which the conviction was quashed. But the fact is as stated, that the magistrates have informed me that they do not see their way to grant compensation.

Mr. WEDGWOOD

Do they throw any doubt upon the certificates of the doctor?

Mr. McKINNON WOOD

No, Sir; they do not raise that point at all.

Lord ROBERT CECIL

Is there any objection on the part of the right hon. Gentleman stating the grounds upon which the magistrates refused to grant compensation?

Mr. McKINNON WOOD

I am not in possession of all their reasons. They have informed me that they have again and again considered this matter very carefully, and that they have come to the conclusion which I have stated. It is not a matter over which I have any control. I cannot control the action of the magistrates. They are not called upon to explain their reasons. But they have assured me that they have given the matter their serious consideration.

Mr. WATT

Is it not the case that the Scottish Office can force magistrates to grant a solatium?

Mr. McKINNON WOOD

No, Sir, that is not the case.

Mr. WEDGWOOD

Who were the magistrates; how many were there; what are their names?

Mr. FALLE

Is there no appeal from the decision of these magistrates?

Mr. McKINNON WOOD

There is no appeal on the question of compensation. The lady, I may point out, had her action for damages against the constables concerned, but unfortunately it was not brought till some three or four months after the statutory period had elapsed, and I think the case was dismissed. She had her remedy against the constables for wrongful arrest, but she has no remedy to compel the magistrates to grant compensation. That is a matter entirely in their own power.

Mr. BUTCHER

Has the right hon. Gentleman asked the magistrates for their reasons?

Mr. McKINNON WOOD

I have no right to demand the reasons of the Scottish magistrates, nor do I think it would be in the interests of anybody concerned if I were to discuss the correspondence between the magistrates and myself. It is a correspondence over which I have no right of control, therefore it is merely a question of correspondence between the Secretary for Scotland and the magistrates who are dealing with a matter within their competence.

Mr. WATT

Will the right hon. Gentleman suggest to the magistrates that it is a case where a solatium should be given?

Mr. McKINNON WOOD

I should like to point out to hon. Members that the lady has had the conviction quashed on appeal, and so far her character has been justified.

Mr. JOHN WARD

Did you pay her costs?

Mr. McKINNON WOOD

The hon. Member is under an entire misapprehension. It has nothing to do with the Government. The lady was not prosecuted by the Procurator-Fiscal, who is under the Lord Advocate. She was prosecuted by the Burgh Procurator-Fiscal. It is purely a case for the Burgh Prosecutor.

Mr. PIRIE

Are we to understand that there is no power in Scotland analagous to the power of the Home Secretary in England, and, if so, is there any suggested remedy?

Mr. McKINNON WOOD

Yes, in a suitable case.

Mr. PIRIE

That makes it worse.

Mr. McKINNON WOOD

No, no. I was not talking about the lady at all.

Mr. SPEAKER

Any further questions on this matter had better be put down.