§ 7. Mr. Fenner Brockwayasked the Secretary of State for the Home Department whether he will introduce legislation to repeal the Justice of the Peace Act, 1361.
§ Sir D. Maxwell FyfeI take it that the hon. Member has in mind that part of the Act of 1361 which enables a court to order a person to find sureties to be of good behaviour. I know of no sufficient grounds for introducing legislation to repeal this provision of the law which, in my view, is a useful measure of preventive or precautionary justice.
§ Mr. BrockwayI put my supplementary with some diffidence to such a high legal authority. Is it not the case that other high legal authorities, including Stone, have drawn attention to the very wide character of this Act and that its use in the cases of Tom Mann and George Lansbury, and two more recent cases, including that of Mrs. Pat Seares 1637 in protesting against "Desert Fox," illustrates the need for some reconsideration of this Act?
§ Sir D. Maxwell FyfeI respectfully disagree, for the reason that the exercise does not amount to a conviction. A person does not go to prison if he finds sureties. In my view, the general use of the powers has been salutary and helpful to the persons concerned.