HC Deb 14 July 1938 vol 338 cc1499-500
28. Mr. David Adams

asked the Home Secretary whether he will make inquiries into possible reforms with regard to the ways in which information as to an accused person's career is laid before the courts at trials, with a view to ensuring that something more than a mere list of previous convictions shall be guaranteed?

Sir S. Hoare

There is no foundation for the suggestion that the police, when asked by a court for information as to the antecedents of a convicted person, confine themselves to giving a list of his previous convictions. It is the recognised practice of the police to do their best to assist the court by giving all such information as is relevant and reliable, and it is part of their standing instructions to omit nothing that may tell in the prisoner's favour.

Mr. J. Griffiths

Will the light hon. Gentleman again look into this matter; and is he aware that there have been complaints in some cases recently in South Wales and elsewhere that records given by the police have been balanced against defendants and have not been fair to the defendants?

Sir S. Hoare

The only cases brought to my notice do not bear out that suggestion, but I am willing to consider any individual case.

Mr. David Adams

Is the right hon. Gentleman aware that it has been stated that evidence of this kind against a convicted person in some cases has not been impartial?

Sir S. Hoare

I have just said that I have no evidence to that effect.

29 and 30. Mr. David Adams

asked the Home Secretary (1) whether he will recommend that in every case of an accused person on trial a confidential report should be obtained from prison officers who have had charge of the accused person if he has ever served a previous sentence, seeing that such prison officers have a greater knowledge of such a person's character than can be obtained from other sources;

(2) whether steps will be taken to ensure a close collaboration between the prison service and the courts in this country, with a view to obtaining the expert advice of prison officers before the passing of any sentence of imprisonment, as prison officers are, in many cases, the only people who know whether a prison sentence will be of use in reclaiming any accused person, especially if they have had previous experience of that person in prison?

Sir S. Hoare

It is open to the courts to consult the governor or medical officer of the prison whenever they think such consultation is desirable before deciding whether or not a sentence of imprisonment is the appropriate method of dealing with any individual offender, and it is already the practice for the prison authorities to make reports about certain young offenders and about persons whose physical or mental condition presents features of which the court should be informed. I fully recognise that there is a number of cases in which the prison authorities may be able to furnish information which may be useful to courts, but I could not accept the suggestion that such reports should be made in all the cases to which the hon. Member refers. It must be remembered that the courts have to bear in mind—especially in cases of serious crime—the effect of a sentence not merely on the individual offender but on other potential offenders.

Mr. Adams

Does the Minister not agree that closer co-operation between the prison service and the courts would be very desirable?

Sir S. Hoare

I think I would prefer to put it that I should like to see as close co-operation as possible.