HC Deb 25 February 1937 vol 320 cc2165-6
27. Lieut.-Colonel Moore

asked the Home Secretary whether his attention has been drawn to the case of Harry and Margaret Lester, who were recently convicted at Uxbridge on the charge of brutally starving a dog to death; and whether he is satisfied that the present powers of magistrates are adequate to deal with offences of deliberate and sustained cruelty?

Sir J. Simon

Yes, Sir; I have seen a news report of the case to which my hon. and gallant Friend refers. The law confers on magistrates, however, power to impose for this class of offence imprisonment up to a period of three months, with or without hard labour.

Lieut.-Colonel Moore

In view of the growth of these revolting cases and the inadequate penalties imposed by magistrates, would the right hon. Gentleman consider circularising them, pointing out that they have powers, and advising them as to their fuller use?

Sir J. Simon

I am in the fullest possible sympathy with the view that adequate penalties ought to be inflicted in these cases. The hon. and gallant Gentleman is not quite correct in one matter. These cases are very distressing, but the number of them, I am glad to say, is not increasing but decreasing, as the figures show. I have to bear in mind that our system necessarily leaves it for the court to decide what is the appropriate penalty in any given instance. I have no doubt that these questions will help to make sure, what I know is the case, that magistrates are fully aware of their powers.

36. Sir Robert Gower

asked the Home Secretary whether he will consider appointing a Departmental Committee to investigate the adequacy or otherwise of the penalties imposed on persons for cruelty to animals?

Sir J. Simon

As I have already said in reply to Question No. 27, I entirely share the desire that adequate penalties should be inflicted for such offences, but it is for the convicting court to decide, in its discretion, what is the proper penalty to impose in any particular case within the maximum allowed by law, and the exercise of that discretion could not properly be made the subject of inquiry by a Departmental Committee.