HC Deb 08 April 1948 vol 449 cc335-6
Mr. Mr. Derek Walker-Smith

asked the Minister of Health why local authorities have been asked by circular 40/48 to make returns of the names and addresses of persons against whom proceedings have not been instituted but who have been warned about offences against Defence Regulation 56A; and whether it is proposed to use such information in any subsequent proceedings affecting the said persons.

Mr. Bevan

In considering the institution of proceedings, it is important to know whether a person has been expressly warned about the provisions of Defence Regulation 56A. The information is not normally used in court before conviction, unless necessary to counter a plea of ignorance.

Mr. Walker-Smith

When the Minister says that it is not normally used, would he agree that, prima facie at any rate, such information would be inadmissible before conviction; and would he not further agree that it has no relevance after conviction because unless there is a previous conviction for the offence it would not be relevant at that stage?

Mr. Bevan

I think that is a matter for the court itself to construe.