§ 39. Mr. Adleyasked the Attorney-General when the Lord Chancellor last discussed sentencing policy with magistrates; and if he will make a statement.
§ The Solicitor-General(Sir Ian Percival)The Lord Chancellor meets the magistrates as a body on the occasion of their general meeting in October and on each occasion discusses sentencing policy. In addition, at branch and area level he meets magistrates on a number of occasions each year, the last being in September 1981, and sentencing policy is similarly discussed. The general principles of sentencing form part of the curricula set out in general directions for the training of magistrates.
§ Mr. AdleyIs my hon. and learned Friend aware that magistrates whom I meet still express to me their concern and unease about having to deal with shoplifting cases, which they seem to find much more difficult than most other cases? I think that my hon. and learned Friend is aware of that from discussions that we have had in the past. Would it be possible to broaden future discussions on sentencing policy so that the cause—the trading methods of stores—may be taken into account? Perhaps helpful suggestions may emanate from the magistrates and, if appropriate, my hon. and learned Friend could discuss them with other Government Departments.
§ The Solicitor-GeneralOne of the difficulties facing magistrates' courts in shoplifting and other cases—but, perhaps, particularly shoplifting—is that the range of cases that comes before them is so enormous. I recall that in their pamphlet "Take it or leave it", my hon. Friend and some of his colleagues pointed out that shoplifting cases varied from the persistent and deliberate offender to the absentminded and confused. Many considerations have to be borne in mind and I am sure that those to which my hon. Friend has referred will be borne in mind.
§ Mr. Arthur DavidsonWill the Lord Chancellor continue to stress to magistrates the appallingly overcrowded conditions in our prisons and the desirability of not adding to the problem by sending to prison unsuitable people, such as drunks and vagrants and some young offenders who might benefit from an alternative form of punishment?
§ The Solicitor-GeneralI am sure that the Lord Chancellor and magistrates will have those considerations much in mind. The difficulty is that the categories that come before magistrates include the persistent and deliberate offender for whom imprisonment may be the only proper punishment and the appropriate safeguard for the public. However, I am sure that great care will be taken to ensure that people for whom imprisonment is not suitable will not be sent to prison.