§ 12. Mr. Roy Jenkinsasked the Secretary of State for the Home Department if he will instruct the Metropolitan Police to send as soon as possible to owners of cars which they have towed away a statement showing in what way the car was considered to be causing an obstruction at the time it was removed.
§ The Joint Under-Secretary of State for the Home Department (Mr. David Renton)My right hon. Friend sees no justification for asking the Commissioner of Police to do this. Drivers are informed orally why their cars have been removed: and where a summons is issued it contains, of course, full particulars of the charge.
§ Mr. JenkinsI do not wish to object to the police using these powers in general and I do not think that these proposals would be fully practicable, but is not there a danger, in that in many cases the judgment which the police have to use in deciding whether to tow away a vehicle cannot be contested, and does not have to be defended if the police do not decide to prosecute? Could the situation arise in which the police, if the owner of the car wished it, could be made to prosecute?
§ Mr. RentonThe police have to remove obstacles, and, in the nature of things, it is impossible for their judgment to be defended there and then. But the question of the guilt of the offender is decided when the matter comes to court, and particulars of the offence are given to that offender.