§ 36. Lieut.-Commander KENWORTHYasked the Secretary of State for the Home Department whether his attention has been called to the cases of certain men, first offenders, who have been committed to prison for offences. under the Unemployment Insurance Act; if he is aware that in many other cases fines only are imposed; whether any advice or instruction has been given to magistrates with regard to these first offenders; whether his attention has been called to the case of Mr. Harry Westerman, a first offender, of 69, Wincolmlee, 2363 Hull, a tailor's cutter, who was committed for 28 days in Hull last week for one of these offences; and whether, in view of his previous good character, any remission of the sentence can be recommended?
§ The UNDER-SECRETARY of STATE for the HOME DEPARTMENT (Mr. Short)From time to time the attention of my right hon. Friend has been called to such cases, but in some of them it would be a misnomer to describe the defendant as a first offender. In the case referred to my right hon. Friend is informed that while the defendant pleaded guilty to one offence committed on one day, there was proof of minimum of 36 other offences on other days over a period of six months. Courts properly exercise a discretion in deciding what to do when guilt is proved. I understand that about 10 per cent. of offenders are bound over, 73 per cent. fined, and 17 per cent. sent to prison. My right hon. Friend regrets that he can find no sufficient ground for recommending remission in the present case.
§ Lieut. - Commander KENWORTHYDoes the hon. Gentleman not appreciate that a first offence means the first time that the offender is charged—the first. time he is found out—and, in view of the fact that the person concerned in this case is only a lad of 19, could not further consideration be given to the matter?
§ Mr. SHORTI think that my right hon. Friend or his predecessor went fully into these matters and were aware of all the circumstances.