HC Deb 25 October 1956 vol 558 cc802-3
10. Mr. de Freitas

asked the Secretary of State for the Home Department whether he is aware of the growing practice of remanding accused persons in custody even when there is no reason to believe that they are likely to abscond or tamper with the evidence or conceal stolen goods ; and whether he will introduce legislation to restrict the power of the courts to refuse bail.

Major Lloyd-George

I am aware that a considerable proportion of those who are received in prison on remand do not subsequently return as convicted persons. Some of these were remanded in custody for medical inquiry, and no doubt others were refused bail only because they had been unable to find the sureties which the magistrates considered desirable. If the accused is committed in custody for an offence other than murder or treason, he must, under the Magistrates Courts Rules, be informed of his right to apply to a judge of the High Court for bail. He can apply without cost to himself because if he has no money the Official Solicitor acts for him.

The grant or refusal of bail seems to me to be a matter on which the courts ought not to be closely fettered by legislation and on the information before me I am not prepared to introduce legislation on the subject.

Mr. de Freitas

Is the Home Secretary aware that there have been several cases recently in which bail has been refused and in which the police certainly had no objection to it, and will he not, here and elsewhere, draw the attention of magistrates to the very serious step they are taking in remanding in custody, and depriving of his liberty, someone who has not yet been convicted of any offence?

Major Lloyd-George

We have issued two circulars in recent years on this matter to magistrates, but I will certainly look again into the question.

Mr. S. Silverman

Is the right hon. and gallant Gentleman aware of the recent case where a man was detained in custody on a murder charge for more than four months in circumstances in which, when the trial was brought on, the prosecution informed the court that they had no evidence fit to put before the court and withdrew the charge?

Major Lloyd-George

I am not quite clear about the case referred to by the hon. Gentleman, but I fancy the man was charged with murder. I said that there were two exceptions, murder and treason.