HC Deb 18 February 1935 vol 298 cc19-21
40. Mr. WILMOT

asked the Secretary of State for the Home Department, whether his attention has been called to the case of Mr. John O'Neill, who was convicted on the 21st September last by the Wealdstone Justices on a charge of embezzlement of a sum of £3 9s. 10d. and sentenced to three months' imprisonment, although a first offender; whether he is aware that, owing to the failure of the clerk of the Wealdstone Magistrates to forward the notice of appeal in the appropriate manner and time, this man was debarred from his legal right of appeal; and whether, in the circumstances, he will take steps to make amends for this miscarriage of justice?

The SECRETARY of STATE for the HOME DEPARTMENT (Sir John Gilmour)

My attention was drawn to this case during the currency of the sentence and I communicated with the Clerk to the Justices about the matter to which the hon. Member refers, but there was no way of, restoring to the defendant an opportunity of appealing, and, after making full inquiries into the merits of the case, I could find no grounds on which I could properly recommend that the prerogative of mercy should be exercised in his favour.

Mr. WILMOT

While thanking the right hon. Gentleman for the reply, may I ask whether he does not consider that it is a very serious condition of affairs that an accused person should lose the right of appeal on account of a mistake of an official of the court?

Sir J. GILMOUR

Oh, yes, Sir, but it was due to a misunderstanding, and, under those conditions, I looked into all the circumstances of the case in order to see whether there was any question of the prerogative of mercy, and on the information I had before me I came to the conclusion that there was not.

Mr. MORGAN JONES

Does not the right hon. Gentleman agree that, even if he himself saw no cause for reviewing the case, the Appeal Court might have seen that there was cause?

Sir J. GILMOUR

It is also the case that the Appeal Court as well as having power to reduce the sentence could increase it.

Mr. WILMOT

May I ask the right hon. Gentleman whether, in view of the very great hardship which has been caused by a miscarriage of justice in the case of a first offender, he will at least consider whether it would be possible to erase this conviction from the court rolls in order that a possible miscarriage of justice may not hang round this man's neck for the rest of his life?

Sir J. GILMOUR

All I can say is, that if the hon. Member can produce any fresh facts for my consideration, I shall be quite ready to consider them.