9. Captain A. EVANSasked the Home Secretary whether his attention has been drawn to a case which came before the presiding magistrate at Bow Street on 11th October, where the police had taken down a statement and formally charged a person, and later re-charged the same person in the presence of another prisoner arrested subsequently; and if he will instruct the Commissioner of Police to give orders that this practice shall be discontinued?
§ Sir W. JOYNSON-HICKSYes, Sir. The usual practice is not to re-charge a prisoner a second time, either in the presence of a second prisoner or otherwise, without good reason, and there is therefore no need for fresh instructions. 1091 In the present case, the reason for re-charging the first man was that he had been charged alone, instead of as acting in concert with a person unknown. The two were to be proceeded against jointly, and it was thought fairer in the circumstances, after the second man was arrested, to charge them jointly.
Captain EVANSHas the right hon. Gentleman's attention been drawn to the remarks of the magistrate in regard to this particular case?
§ Sir W. JOYNSON-HICKSI have communicated with the magistrate, who informs me that he has no reason to think that there was any intention of taking any unfair advantage of either prisoner.
§ Captain GARRO - JONESWho decides whether there is good reason for re-charging or not; and if the police themselves decide, what safeguard is there for the prisoner that the interests of justice are served in such cases?
§ Sir W. JOYNSON-HICKSThe only person who can decide on charges is the inspector in charge of the police station to which the man is taken. He has to exercise that discretion, and I think hon. Members will agree that it is well exercised by men of experience such as the inspectors of the Metropolitan Police.
§ Captain GARRO-JONESIs not a grave principle of justice involved here, and is it to be left entirely in the discretion of a police officer?
§ Mr. SPEAKERThat is the same question again.