§ 7. Mr. Grocottasked the Secretary of State for the Home Department whether he has any plans to bring forward legislation to remove the power of magistrates to threaten witnesses with imprisonment by binding them over to keep the peace.
§ Mr. JohnWe have no plans to introduce legislation on these lines. The power to bind over witnesses called by the prosecution in a case brought by the police is rarely used, as far as we are aware, but sometimes serves a useful preventive purpose, and we should not lightly discard it. In view of the concern expressed following a recent case, we are, however, keeping the position under review.
§ Mr. GrocottWhether or not it is rarely used, is it not entirely unacceptable that people who have never been charged with any offence may go to prison?
§ Mr. JohnThey do so only if they disobey the binding-over order of the magistrates. It is often a great saving in public time and expense in the courts if, for example, neighbours, one of whom is the defendant and another is the witness in a case, can both be bound over so that their long-running feud need not smoulder in the courts every fortnight or so.
§ Mr. StanbrookIs not one of the injustices of this ancient power which is vested in magistrates the fact that they can impose this obligation upon the complainant as well as the defendant, so that a complainant may well find himself penalised for a perfectly proper and public-spirited action and in those circumstances will not accept a binding over because he has a sense of right and 748 justice and, therefore, is sent to prison quite wrongfully?
§ Mr. JohnIn the case which has been referred to, the person concerned was a witness and not a complainant. But even in the case of complainants the hon. Gentleman will know that people feel very strongly about their legal rights and what they believe is due to them. It is the job of courts to resolve these matters in a way which satisfies the public at large. Sometimes that is not done best by giving to the complainant all that he thinks is due.