HC Deb 03 December 1970 vol 807 cc1450-1
19. Mr. Waddington

asked the Secretary of State for the Home Department if he will introduce legislation to extend to persons charged with assault on a police officer the right to claim trial by a jury.

Mr. Carlisle

The law relating to offences against the person is under review by the Criminal Law Revision Committee. The review will include the law governing assaults on police officers.

Mr. Waddington

Is not this an anomaly which arises out of a rather odd decision of the House of Lords in 1966 which must be put right? Is it not absurd that, whereas in all other cases in which the penalty on summary conviction is more than three months' imprisonment the man can elect trial by jury, in these serious cases where the penalty on summary conviction is six months' imprisonment the man does not have the right to elect trial by jury?

Mr. Carlisle

My hon. Friend is right in saying that this arises out of a decision given by the Divisional Court in, I think, 1965 that offences under Section 51 of the Police Act, 1954 of assaulting a police officer in the execution of his duty are not triable on election before a jury. As I say, this whole subject is now being considered by the Criminal Law Revision Committee, and this is one of the matters that Committee will take into account.