HC Deb 08 April 1937 vol 322 cc340-1
39. Mr. Pritt

asked the Home Secretary how many persons were charged with frequenting or loitering with intent to commit a felony in the Metropolitan police district and in England and Wales outside that district in the years 1935 and 1936, respectively; and how many of such charges were withdrawn or dismissed?

Sir J. Simon

As the answer involves a number of figures, with the hon. Member's permission I will circulate it in the OFFICIAL REPORT.

Following is the answer:

The number of suspected persons or reputed thieves proceeded against in Courts of Summary Jurisdiction in England and Wales under Section 4 of the Vagrancy Act, 1824 (as amended by Section 15 of the Prevention of Crimes Act, 1871, and Section 7 of the Penal Servitude Act, 1891), for frequenting or loitering with intent to commit felony, and the number of such persons in whose case the charge was withdrawn or dismissed during each of the years 1935 and 1936 were as follow:

Sir J. Simon

I have made full inquiries, and I am satisfied that the officers concerned acted in good faith in arresting and charging Mr. Lane. While I much regret the inconvenience to which the defendant was subjected by reason of his arrest, I can find no ground for any action on my part in the matter.

Mr. Thurtle

Is the Home Secretary aware that cases of this kind are occurring with increasing frequency in the East End, where working-men walking along the street are taken up and charged with loitering and suspicious intent and the magistrates then find that there is no case against them?

Sir J. Simon

I, myself, always watch these cases with all the care I can and it is very important, of course, that the police in these matters should act with discretion. At the same time, I think the hon. Gentleman should bear in mind that it is not necessarily a bad thing that the magistrate should feel free to say on occasion that he is not satisfied. If we proceeded on the assumption that every time a policeman arrested somebody that person should be convicted, I do not think we should ever get anywhere.

Mr. Thurtle

Is not the right hon. Gentleman aware that it is very humiliating for a perfectly honest man to be arrested and detained for three hours, when there is no ground for his arrest?

Sir J. Simon

I feel all that as much as anybody in the House, but I have satisfied myself here that the police acted in really good faith, and as long as the authorities are satisfied as to this, if they do make occasional mistakes, then I am afraid we must put up with them.

Mr. Silverman

Does not the right hon. Gentleman think that the time has now come for a review of all this penal legislation with regard to loitering?