HC Deb 02 February 1954 vol 523 cc189-90
27. Miss Herbison

asked the Secretary of State for Scotland the results of his inquiries into the action of the police against two of her constituents which the hon. Member for North Lanarkshire has brought to his notice.

Mr. J. Stuart

The police acted in accordance with Section 4 of the Trespass (Scotland) Act, 1865, which empowers them to arrest and detain in custody anyone found in the act of committing an offence, provided he is brought before a magistrate on the following day. This procedure is not, however, obligatory, and I have brought the matter to the notice of the Chief Constable.

Miss Herbison

Is the Minister aware that these two men were given no prior warning from the police, that they were kept a whole night in the cell, that bail was refused and that the following day they were fined only 7s. 6d., which showed that their crime was not a very great one? Instead of drawing this Section 4 to the notice of the police, would not the Secretary of State inform all police authorities in Scotland that he deprecates very much indeed what happened to these two citizens, who were treated worse than the most hardened criminals?

Mr. Stuart

No doubt the fact that this attention has been drawn to the matter today will percolate throughout Scotland.

Mr. Rankin

Does the Secretary of State now realise that there is serious dissatisfaction with police methods not only in Edinburgh but in a great many parts of Scotland?

Miss Herbison

In case this does not percolate to the police authorities, and since it is such a serious matter against the civil liberties of citizens, will the right hon. Gentleman take the steps which I have suggested and bring it to the notice of every police authority in Scotland?

Mr. Stuart

I have no objection whatsoever to doing that, but I cannot alter the law, which is as it stands under the 1865 Act.