HC Deb 14 June 1937 vol 325 cc35-6
67. Sir J. Mellor

asked the Home Secretary whether his attention has been called to the comments of Mr. Justice Goddard at the opening of Essex Assizes, on 10th June, upon the diverse practices prevailing on the subject of the endorsement and suspension of motor driving licences, whereby before some benches licences are endorsed almost automatically and before others an endorsement seldom takes place; and whether he proposes to take steps to promote closer uniformity in the exercise of judicial discretion in this matter?

Mr. Lloyd

My right hon. Friend has seen Press reports of the Judge's remarks, which will no doubt be of value to magistrates generally. He has no authority to advise magistrates as to the exercise of their judicial discretion, but in a circular which was issued in September last attention was drawn to the wide variations in the practice of different courts in the hope that steps might be taken by magistrates themselves to achieve a greater degree of uniformity.

Sir J. Mellor

Could not my hon. Friend arrange for a test case to be taken to the High Court in order that the words "special reason" appearing in Section 5 of the Road Traffic Act, 1934, could receive authoritative judicial interpretation?

Mr. Lloyd

I do not think that that is a matter for my right hon. Friend's Department.

Mr. Davidson

Will the Minister consider expressing his sympathy with these motorists who have had their licences endorsed?