HC Deb 11 June 1951 vol 488 cc1648-50
25. Lieut.-Colonel Lipton

asked the Attorney-General what provision at present exists or is proposed, to enable magistrates to detain a defendant in custody from the time the hearing of the case is concluded until a sentence is imposed in the magistrates' courts.

The Attorney-General

Under Section 16 of the Summary Jurisdiction Act, 1848, as confirmed and extended by Section 25 of the Criminal Justice Act, 1948, a court of summary jurisdiction has power to remand a person after conviction for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with the case.

Lieut.-Colonel Lipton

Is the Attorney-General aware that widespread indignation has, not unnaturally, been caused by the application of this provision in a case affecting three tulips in South Shields? When will the result of the official inquiry, which it has been announced is taking place into the matter, be made known?

The Attorney-General

I am informed that my noble and learned Friend the Lord Chancellor has not yet quite completed his inquiries, but hopes shortly to make a statement.

Mr. Blyton

Is the Attorney-General aware that in the case known as the three tulips case a woman was kept in prison for 24 hours after the case had been tried, and was not remanded for any inquiries to be made, and that the magistrate declared that he was doing what he did do as an example? Was not it the duty of the magistrate to try the case on its merits and allow bail? Further, is my right hon. and learned Friend aware that there is widespread indignation in the town of South Shields, and would he make representations to the Lord Chancellor to remove these magistrates from the bench in the interests of justice in the town?

The Attorney-General

I am very well aware of the circumstances of the case to which my hon. Friend refers, and these circumstances are now being inquired into.

Sir H. Williams

Is not it a fact that a decision was given in the High Court a little while ago that it was improper to use a remand without bail as a form of punishment, before a decision was announced?

The Attorney-General

There was a decision to that general effect.

Sir H. Williams

Then why have not these magistrates been told about it?

Lieut.-Colonel Lipton

Will the Attorney-General be able to make a statement in the House at the same time as his noble Friend is making a statement in another place about the result of this inquiry, so that this House may be informed as soon as anyone else?

The Attorney-General

I think it would be better to see the statement which my noble and learned Friend makes.