§ 11. Mr. TURTONasked the Home Secretary whether he will now make a statement as to the circumstances in which the charge against Mr. Cope Morgan was, on the 1st March, forwarded from Tottenham Court Road police station to Scotland Yard, and Mr. Cope Morgan was asked not to surrender to his bail on that day?
§ 12. Mr. ANEURIN BEVANasked the Home Secretary whether he is aware that Mr. Sidney Cope Morgan was arrested, charged, and admitted to bail at 12.20 a.m. on the 1st March last; what were the conditions of his bail and on what date was he required to appear before a magistrate; why did he not surrender to his bail after the charge against him had been accepted; whether the course of justice was in any way obstructed by any person or persons; if so, what action has been taken, or is intended to be taken against such person or persons; and whether the Commissioner of Police directed a summons to be issued against Mr. Cope Morgan on his own initiative before public attention had been called to the matter, or whether he issued the summons after that event and on instructions from the Home Office?
§ Sir J. GILMOURI am glad to have an opportunity of making a full state- 2129 ment about this case. The defendant was arrested, charged, and admitted to bail, about midnight on Wednesday, 28th February, to appear in Court at 10 a.m. on the morning of Thursday, 1st March. On leaving the Police Station he called on the Secretary of New Scotland Yard, with whom he had a slight personal acquaintance, and the Secretary, after hearing his story and after communicating cm the telephone with the Inspector in charge of the station, came to the conclusion—mistakenly, as I shall explain to the House—that he would be failing in his duty if he did not take steps to secure to the higher authorities at Scotland Yard an opportunity of considering the case before it came into Court. He accordingly instructed the Inspector to forward the Charge Sheet to Scotland Yard and told the defendant that he need not appear at Court the next morning. On his arrival at Scotland Yard on the morning of Thursday, 1st March, the Secretary reported his action to the Commissioner. Reports were then called for, and the matter was considered by the Commissioner at the earliest moment at which he had an opportunity to do so, namely, on the morning of Monday, 5th March. As the case raised issues of public importance, the Commissioner informed me of the position. There was no question of giving instructions to the Commissioner. As soon as the full facts were known, it was recognised that the case must go before a magistrate since the duty of the police is not to try the case but to decide whether there is a prima facie case to put before a Court.
The Secretary undoubtedly committed an error of judgment in having failed to realise that as the offender had been charged and released on bail to appear before the Court, he must in any case appear at Court in pursuance of his recognisance. I need hardly say that the error is greatly regretted. There is, however, no doubt as to the integrity of this officer's intentions. He took action in the bona fide belief that action ought to be suspended in order to give the higher authorities at Scotland Yard an opportunity of considering the case, and he reported what he had done to the Commissioner at the earliest possible moment. In the circumstances the Commissioner has come to the conclusion, and I agree, that no further steps are called for.
§ Mr. TURTONWill the right hon. Gentleman consider if it cannot be laid down that in no case, once a man has been admitted for bail, should steps be taken to prevent him surrendering to his bail at the time stated in the bail?
§ Sir J. GILMOURI think that my answer conveyed that.
§ Mr. BEVANWas it not an unlawful act for the station officer to surrender the charge-sheet in the circumstances and not to proceed with the prosecution?
§ Sir J. GILMOURIt is always a very difficult thing for a station officer to know what he should do in cases of this kind. I am ready to admit that. When he received instructions to forward it to Scotland Yard, he had no alternative but to take that course.
§ Mr. BEVANIs it not improper for an officer to obey an illegal order, although it may be given to him by his superior officer? Was it not clear to him that the order was indeed, illegal having regard to the general practice at the station?
§ Sir J. GILMOURAll I can say is that in this case it was very difficult for the station officer not to accept the advice that he received from an individual whom he knew to be an official at Scotland Yard, and in the circumstances I think he acted quite properly.
§ Mr. ATTLEEIs it not an extraordinary thing that a person holding such a high position at Scotland Yard should be ignorant of the law with regard to the position of prisoners on bail?
§ Sir J. GILMOURWhatever opinion may be held on that, I have made it perfectly clear that an error was committed, for which regret was expressed, and I cannot add anything to that statement.
§ Mr. BEVANIn view of the unsatisfactory nature of the reply, I propose to raise this matter at the first opportunity.