HC Deb 30 March 1936 vol 310 cc1621-2
42. Mr. MORGAN JONES

asked the Home Secretary whether his attention has been called to the growing tendency, when evidence as to a prisoner's previous record is being given by the police in cases of riot or industrial disturbance, to make reference to a prisoner's political opinions; and whether he will take steps to secure that no allegations as to a prisoner's activities shall be made where no previous conviction for such activities has been recorded?

Mr. LLOYD

It is a well-established practice for the courts to call for information from the police as to the antecedents of a convicted prisoner before deciding what sentence, if any, should be imposed, and this practice has been specifically approved by the Court of Criminal Appeal. It is for the court to decide whether such information is relevant and what weight is to be attached to it, and my right hon. Friend does not propose to take any action in the matter.

Mr. JONES

Has the Under-Secretary appreciated the fact that it is a very serious matter for information to be adduced at this particular point of a trial in relation to a person's political convictions, and has any court the right to examine even the allegations of a person's previous activities when he has never been given an opportunity of answering them, and has never been before a court and been convicted?

Mr. LLOYD

Lord Chief Justice Alverstone made a governing statement on this matter when he indicated that the practice was desirable, and showed also what safeguards there were in its operation in the courts of this country. It is for the court itself to decide whether in particular circumstances the course should be adopted or not.

Mr. JONES

Is it permissible for a further series of allegations to be made concerning a prisoner, in regard to which he has never had a chance of giving an answer, and in regard to which he has never been previously convicted in the courts?

Mr. LLOYD

The Lord Chief Justice said: Very often it is in the prisoner's interests that his antecedents should be stated, and, if it is not so, it is not the fault of the police but the fault of the antecedents.

Mr. BERNAYS

Can it ever be possible for a man's political opinions to have any relevance to his sentence?

Mr. LLOYD

I think the use of the words "political opinions" in the way they have been used in the House is not quite in accordance with the facts as they are brought before the court. In actual practice the police draw attention to certain acts which may have sprung from political opinions.

Mr. JONES

Is the Under-Secretary not aware that in this case evidence was given of this person's political convictions, and may I ask whether it is proper for such evidence to be given against a person?

Mr. LLOYD

The hon. Member's question was at first general, but he is now raising a particular question. If he will bring the circumstances to the attention of my right hon. Friend we shall be pleased to consider the case.

Mr. JONES

I beg to give notice that, owing to the unsatisfactory nature of the reply, I will raise the matter at the earliest possible moment, on the Motion for the Adjournment.