HC Deb 09 December 1943 vol 395 cc1120-2
26. Mr. Mander

asked the Home Secretary whether he has any statement to make with reference to the Hereford Juvenile Court inquiry; and what action it is proposed to take in respect of the failure of the official concerned to supply the King's Bench Division with essential evidence by serving notice of motion on the prosecuting police officer?

Mr. H. Morrison

I am obliged to my hon. Friend for giving me an opportunity to express in this House my appreciation of the public service which Lord Justice Goddard has rendered by investigating this matter so thoroughly and so quickly, and by writing so admirably clear a Report. It is a matter for general satisfaction—and not least to the Hereford justices concerned—that the Report has completely dissipated the misapprehension that fundamental principles of justice had been ignored by the Hereford Juvenile Court. The Report draws attention to one or two minor questions of procedure as to which I am in consultation with the Lord Chancellor, and I shall consider with him whether the Rules governing the procedure of juvenile courts need any amendment.

The latter part of my hon. Friend's Question seems to involve some misapprehension. It is not the duty of any official to serve notice of motion on the prosecuting police officer; that is the duty of the party who is applying to the Divisional Court, and it is much to be regretted that neither he nor his solicitor took the proper steps to inform the prosecuting police officer that the application was being made. Lord Justice Goddard has pointed out in paragraph 3 of his Report that the police in fact knew nothing of the proceedings in the High Court until they read of them in the newspapers, and that had the police been duly informed a very different state of affairs might have resulted.

Mr. Mander

Is it not the case that Lord Justice Goddard has, in effect, unofficially reversed the decision of the King's Bench, and is this not a very curious position?

Mr. Morrison

As far as I know, that is not the case, but in any case my hon. Friend is drawing me on to the threshold of dangerous and explosive matters, and I think I had better not express an opinion.

Mr. Silverman

Did the three very experienced Judges who formed the Divisional Court take any cognisance in their judgment of the fact that an essential element in the procedure had not been observed?

Mr. Morrison

If there is to be any question about the procedure of the High Court, it had better be put down.

Mr. Astor

In view of the fact that the solicitor concerned failed in his duty to inform the police, will he be dealt with by the Law Society?

Mr. Morrison

I am afraid I am not expert enough in the practice of the Law Society to say.

Mr. Silverman

In view of the fact that this Report raises some important and interesting questions and does not remove everybody's dissatisfaction on the original complaint, can an opportunity be afforded to the House to debate the matter?

Mr. Morrison

That is a matter for the Leader of the House, but I should have thought that this Report really effectively disposed of the matter.