80. Miss RATHBONEasked the Secretary of State for the Home Department whether his attention has been drawn to a case tried at the Leeds police court on 22nd November, when a man was charged with forging his wife's signature on two cheques for £120 and £140 respectively, and the charge was withdrawn owing to the view taken by the magistrate, and acquiesced in by the prosecuting solicitor, that the man could not be charged with forging or cashing cheques on his wife's account unless there was evidence that he had either deserted her or was contemplating desertion; and will he introduce legislation to prevent the intention of the Married Women's Property Act being frustrated in this manner?
§ The UNDER-SECRETARY of STATE for the HOME DEPARTMENT (Mr. Geoffrey Lloyd)I have seen newspaper reports from which it appears that the magistrate, though he did not himself feel able to commit the defendant for trial, suggested that application might be made to a Judge of the High Court for leave to prefer a bill of indictment. It would accordingly be premature to consider at this stage whether there is a case for amending legislation.
Miss RATHBONEWill the hon. Gentleman say whether an appeal to the High Court has, in fact, been made, and whether the cost of such an appeal would not be prohibitive to the complainant?
§ Miss WILKINSONWill the hon. Gentleman say whether the position would have been the same if the wife had forged her husband's cheque?