HL Deb 07 March 1873 vol 214 cc1514-5
EARL DE LA WARR

said, he desired to call their Lordships' attention to an article which appeared in The Pall Hall Gazette of the 4th inst. on the case of a poor woman, named Elizabeth Vokins, who had been sentenced by the bench of magistrates at Newbury to 14 days' imprisonment for stealing some brass fittings of a thrashing machine out of a barn. Upon this conviction The Pall Mall Gazette added some sarcastic comments. It appeared that the husband of the woman was employed at the low wages of 11s. a week, and as there was no broach of trust or other circumstance to aggravate the larceny, he thought the sentence excessive, especially as the Criminal Justice Act gave a discretion to magistrates in such cases. He had given the noble Earl (the Earl of Morley) private notice of the Question which he now begged to ask, Whether the Government would cause any inquiry to be made into the circumstances of the conviction of the woman and the sentence passed upon her?

THE EARL OF MORLEY

said, that on the face of the article there did not appear to be any case for inquiry. The punishment did not seem to be excessive; for whether the woman's husband earned 11s. a week or only 2s. the offence would be the same, and the amount of those earnings would make no difference in the sentence. The Criminal Justice Act gave a discretion to magistrates on hearing the charge, but before the plea was entered. At that stage of the proceedings they might, if they so thought fit, discharge the accused; but once there was a conviction, they must direct punishment. The magistrates generally had a knowledge of the prisoners brought before them and of other circumstances which the writers of articles in newspapers could not have, and if there were inquiries into all the cases on which newspapers made comments, such inquiries would be endless. If, however, his noble Friend thought an inquiry was desirable in this particular case, the Government would direct one to be made.

THE DUKE OF RICHMOND

rose to enter his protest against Questions such as that put by the noble Earl (Earl De La Warr) being asked without Notice being regularly placed upon the Paper. There was an understanding among their Lordships that, except in cases of pressing and paramount importance, questions should not be asked in their Lordships' House without formal Notice.

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