§ LORD STONHAMMy Lords, I beg to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government what steps they have taken to bring the provisions of the First Offenders Act, 1958, to the notice of magistrates.]
§ LORD CHESHAMMy Lords, a circular drawing attention to the Act was sent to clerks to justices on July 8, 1958.
§ LORD STONHAMMay I draw the noble Lord's attention, in particular, to the operative section of the Act, which says:
A magistrates' court shall not pass sentence of imprisonment on a first offender … over the age of twenty-one, unless the court is of opinion that no other method of dealing with him is appropriate …"?Is the noble Lord aware of the public concern over cases like that of the disqualified driver rushing his wife to hospital, who was imprisoned; and of the widow with three children who was imprisoned for failing to disclose earnings? While wrongdoers must be punished, it is difficult to believe that in such cases imprisonment was the only way.
§ LORD CHESHAMMy Lords, whilst I am aware of the cases the noble Lord has mentioned, I am not in a position, certainly without notice, to pass any comment whatsoever on them, one way or the other. What I can tell the noble Lord is that this method of circulation of information about the Act to justices is the normal one, and is usually found to be quite satisfactory.