HL Deb 02 June 1965 vol 266 cc1091-2

2.36 p.m.

LORD SWAYTHLING

My Lords, I beg leave to ask the first Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government whether they will introduce legislation to enable criminal courts to award restitution in cases which are "taken into consideration" by the court, when it passes sentence.]

THE JOINT PARLIAMENTARY UNDER-SECRETARY OE STATE, HOME OFFICE (LORD STONHAM)

My Lords, the Criminal Law Revision Committee are making a comprehensive review of the law of larceny and related offences. I understand that they have nearly completed the review, but my right honourable friend the Home Secretary has drawn the Committee's attention to the noble Lord's suggestion. The question of legislation on these matters will be considered in the light of the Committee's recommendations.

LORD SWAYTHLING

My Lords, while thanking the noble Lord for his Answer, may I say that I hope that when the Committee consider this matter they will remember that courts almost never refuse to take cases into consideration, unless they concern quite a different type of offence. Is it fair on an injured party—someone, for instance, who has had his goods stolen—that whether or not an order is made for restitution of the property depends on whether it is concerned with part of the original charge or only with an offence which is taken into consideration? I hope that that will be borne in mind when the Committee consider this matter.

LORD STONHAM

My Lords, as the noble Lord will be aware, when cases are taken into consideration, and are not therefore pursued, there is no conviction. But in all such cases the greatest care is taken by the police to ensure that the aggrieved person is at no disadvantage. But I would submit, my Lords, that these and other points can quite properly, and will quite properly, be considered by the Criminal Law Revision Committee.