§ 24. Mr. Awberyasked the Secretary of State for the Home Department if he is aware that a prisoner who appeals against his sentence, and is retained in custody during the period of waiting, has to serve up to 42 days in addition to his sentence, as the period of waiting in prison is not calculated as part of the sentence; and if he will take steps to ensure that any prisoner who appeals against his sentence will not in future be penalised in this way.
§ Mr. H. BrookeThe law on this subject, which is contained in Section 38(2) of the Criminal Justice Act, 1948 and is not exactly as stated in the Question, will be among the matters open to review by the Committee on the Court of Criminal Appeal, of whose appointment I informed the House yesterday.
§ Mr. AwberyIs the Home Secretary aware that a prisoner who is aggrieved at the severity of his sentence is told that he can appeal, but it is said, in effect, that during the period of his appeal he will remain in prison and this will not be part of his sentence? Does not this place a penalty upon a man for exercising the right to appeal against his sentence which the law gives him?
§ Mr. BrookeThe prisoner does not lose time it he has received leave to appeal from the Court of Criminal Appeal or if he is given a certificate for appeal by the judge who tried him. I think that it is important to have some discouragement to wildly irresponsible appealing, but, as I have said, the law will be under review by this new Committee.