§ 35. Sir E. Bullusasked the Attorney-General if he will review the procedure of committal to prison for contempt of court, in view of the deleterious effects of lengthy detention on those concerned.
§ The Attorney-General (Sir Elwyn Jones)The power of the courts to punish for contempt was reviewed by Parliament in 1960, when defendants were given a right of appeal in every case against an order of committal. Every person committed for contempt is immediately informed by the Official Solicitor of the steps he should take to purge his contempt, and the Official Solicitor makes regular reports, which contain full information about the prisoner's mental condition, to my noble Friend the Lord Chancellor. In appropriate cases, this information is brought to the attention of the judge, who may then order the release of the prisoner.
§ Sir E. BullusI thank the right hon. and learned Gentleman for that information. Is he aware that one of my constituents, Mrs. Illovy of Kingsbury, recently completed 300 days in prison for contempt of court and has since been transferred to a mental hospital? I have since learned that her case is not without parallel. Is it not possible to have some form of mediation or regular review behind the scenes in cases like this?
§ The Attorney-GeneralI am aware of that distressing case. However, having been committed to Holloway Prison on 25th July last year Mrs. Illovy was informed by the Official Solicitor of the steps she should take to obtain her release, but she refused to take any. After six months the Official Solicitor applied to the court for consideration to be given to her release, but the judge felt unable to release her because of her attitude. After further interviews with the Official Solicitor, when again she refused to change her attitude, a medical report showed that her mental health had deteriorated, and as a result she was admitted to a mental hospital. These cases are very sad. The matter was considered in 1959 by Justice, which recognised that there is no satisfactory alternative to the courts' present powers of imprisonment if 81 their orders are to be satisfactorily enforced.
§ Mr. Hector HughesDoes not my right hon. and learned Friend realise that, notwithstanding the reviews to which he has referred, in this respect the law and procedure are completely outmoded, particularly with regard to the finding of contempt and also with regard to the duration of the sentence, and that the whole matter is due for a further review?
§ The Attorney-GeneralAs I have said, the matter was recently reviewed by Parliarnent. The duration of the sentence unfortunately depends upon the contemner himself or herself.