HC Deb 19 February 1970 vol 796 c584
56. Mr. Boyd-Carpenter

asked the Secretary of State for the Home Department whether he is aware that a sentence of 14 years imprisonment may be imposed on boys of 16 years prior to any of the facts being disclosed in open court, and that there is no requirement for any plea in mitigation being made publicly by counsel for the defence prior to sentence; and whether, in view of the public importance of public justice being done in public, he will review the legislation under which this practice takes place.

The Joint Under-Secretary of State for the Home Department (Mr. Merlyn Rees)

I would refer the right hon. Gentleman to the reply which my hon. Friend gave on 16th February to a Question by my hon. Friend the Member for York (Mr. Alexander W. Lyon).—[Vol. 796, c. 27.]

Mr. Boyd-Carpenter

Does not the hon. Gentleman consider that if the situation outlined in the question could happen in a case presided over by probably the most experienced criminal judge on the Bench, there must clearly be something wrong with the Criminal Justice Act. 1967, which enabled it to happen.

Mr. Rees

In April, 1968, the Lord Chief Justice gave a practice direction to the effect that where there is a plea of guilty after committal proceedings subject to the restrictions on reporting laid down in the 1967 Act, the prosecution should state the circumstances of the offence before sentence is passed. We have no evidence of any other similar instance since the direction was given. In this instance, to use the judge's words, it was due to the fallibility of human error. I do not believe that is a basis on which to legislate.