§ 28. Mr. Arthur Davidsonasked the Secretary of State for the Home Department if he will send a circular to magistrates to advise them of the need to grant bail wherever possible rather than remand in custody.
§ Mr. MaudlingI have no doubt that magistrates are conscious of their responsibilities in this matter. I should prefer to await the report of the Working Party on Bail Procedures in Magistrates' Courts 1618 before considering whether any further guidance is necessary or desirable.
§ Mr. DavidsonIs the Home Secretary aware that some magistrates accept police objections far too readily without going more fully into whether or not they can grant bail? Does not the Home Secretary think that a circular indicating to magistrates that they should grant bail in all circumstances unless there are very serious objections to the contrary would help in this matter?
§ Mr. MaudlingThis is a difficult matter and there are considerations pointing in different directions. I would rather await the report of the working party.
§ Mr. Clinton DavisSome courts seem to insist upon unreasonable terms being attached to bail as a matter of policy, so that because the accused is unable to comply with those terms he is remanded in custody. Will the Home Secretary ensure that this matter is looked at?
§ Mr. MaudlingWe will certainly do that.
§ Mr. Geoffrey FinsbergI appreciate the need to await the report. Will my right hon. Friend the Home Secretary not give too much credence to the somewhat sweeping generalisations made against magistrates who are trying to do their duty as capably and honestly as they can?
§ Mr. MaudlingI agree. If we are to do anything it must be to help the magistrates, and I know that they welcome help and guidance they can be given. Sometimes it is argued that a court should have relased a person on bail and sometimes it is argued that it should not have done so. But this is complicated and when we have the report of the working party we may be able to give the courts some assistance.
§ Mr. John FraserAre not the worrying figures that we heard earlier about overcrowding in prisons evidence that there is far too much remanding in custody of people who are not subsequently given custodial sentences? Is it not time for further advice to be given to magistrates about this?
§ Mr. MaudlingNo, it is not evidence that there is far too much but is merely evidence that the Government are right in seeing whether we can find ways and means of reducing the numbers.