HC Deb 28 March 1935 vol 299 cc2063-4
11. Mr. WEST

asked the Secretary of State for the Home Department whether his attention has been called to the case of Mr. S. Kilner, of Beauclere Road, Hammersmith, who was charged at the West London court with loitering and remanded in custody for a week; whether he is aware that on his first appearance in court he was denied the opportunity of explaining anything, and neither was his solicitor allowed a hearing a week later; that this man has been with his present employer for over 20 years and is given an exemplary character by him; and whether he will consider instituting an inquiry in reference to these cases?

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

I have made full inquiries into this case, to which my attention had already been drawn. It is not the case that the defendant was denied an opportunity of explaining his actions: he was asked by the magistrate whether he wished to give evidence on oath or to make a statement from the dock, but I understand that he declined to do either. After hearing all the evidence the magistrate came to the conclusion that the charge was proved and, having been informed by the police of the defendant's character and circumstances, he remanded him in custody for a week before deciding how to deal with the case. No cause was shown for re-opening the case when the defendant was brought up a week later, and the magistrate then decided to bind him over under the Probation of Offenders Act. The police acted perfectly properly in charging this man, and there is nothing in the circumstances of the case to call for action on my part.

Mr. WEST

Is the right hon. Gentleman aware that these statements were vouched for not only by the man's employers, with whom he had been for over 20 years, but by the Press reports of the case; and does he not really consider that, before the police take such injurious action as in this case, they should have more substantial evidence of the guilt of the person who is taken to the police station?

Sir J. GILMOUR

All I can say is that the magistrate was satisfied with the evidence.

Mr. WEST

Is not the Home Secretary aware that there is a general feeling of uneasiness in West London about the enormous number of cases of people who are taken by the police just for loitering on the streets? Looking into motor cars is enough to send a man to a cell for a week.

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