§ 25. Mr. H. WILLIAMSasked the Home Secretary whether the circulars of advice to benches of magistrates as to the penalties in motoring offences constitute precedents or whether they are part of an established practice?
§ Sir J. GILMOURI presume that my hon. Friend is referring to a circular issued to courts of summary jurisdiction by my predecessor in July last with a copy of the Return of Street Accidents caused by Vehicles and Horses in 1931. Attention was drawn in that circular to suggestions which had been made in Parliament and elsewhere as to the means of securing a reduction in the number of such accidents. These suggestions were on the one hand that amendments of the law were required to create new offences or to impose additional penalties and, on the other, that the existing law was sufficient, if effectively enforced. It is not unusual to issue circulars directing attention in general terms to points connected with the administration of the law, but care is always taken to avoid any appearance of attempting to interfere with the discretion of the courts as to the penalties to be imposed in individual cases which may come before them.
§ Mr. WILLIAMSDoes not my right hon. Friend think that there is a little danger in the tone of this circular, which 1158 rather hinted to the magistrates the nature of the penalties which should be inflicted?
§ Sir J. GILMOURI think I had better read an observation on this subject made in another place:
You could do an immense amount of good if the Home Office were really to address, not a remonstrance, but a memorandum to the justices generally, pointing out the appalling toll of life and the extreme importance of administering the law firmly in this respect.