HL Deb 25 July 1969 vol 304 cc1182-4

11.16 a.m.

Lord TREFGARNE

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

[The Question was as follows:

To ask Her Majesty's Government why the six defendants at the Hampshire Assizes on July 22, who had previously refused to be bound over, were brought to court wearing handcuffs.]

Lord BESWICK

My Lords, this is a matter for the prison governor's discretion. I might add that if the Home Office had been consulted they would have advised against the use of handcuffs.

Lord TREFGARNE

My Lords, I am much obliged to the noble Lord for that reply. Can he say whether the woman defendant in this case was also brought to court wearing handcuffs?

Lord BESWICK

My Lords, my understanding is that she was not.

Lord KILMANY

My Lords, is this not a matter that calls for some apology on somebody's part? I have seen a photograph, as have many of your Lordships, of these people; and is it not true to say that they looked perfectly rational people who would not require to be handcuffed, especially for such a trivial offence?

Lord BESWICK

My Lords, there is an appeal which falls to be heard tomorrow, and I should not like to get involved in any detail in this question. On the other hand, it can be said—and I have had a look at the papers—that these men were not entirely co-operative during their stay in prison. It is also a fact that this particular prison was last in the news when some prisoners escaped while in transit. The governor had the decision to take, and he took it in the light of the circumstances. He no doubt erred on the side of caution, in view of his last experience, and I would not rush into any judgment about apologies being called for. Nevertheless, the whole question of the use of handcuffs is being looked at by my right honourable friend the Home Secretary in the light of this case.

Lord BROOKE of CUMNOR

My Lords, is the noble Lord aware that, but for to-morrow's impending appeal, I should have a good deal to say about this case?

Lord BROCKWAY

My Lords, may I just ask my noble friend whether it is not possible to review the whole procedure under which people in this position are sent to prison?

Lord BESWICK

My Lords, I do not know who these people are in this position. They refused to be bound over. I think that is a separate matter. What I am asked about is the use of handcuffs, and I have said that the Home Secretary, without prejudice in any way to the fact that the ultimate decision must rest with the prison governor, is having the whole question looked at again.

VISCOUNT COLVILLE of CULROSS

My Lords, without going into the merits of this particular case, would the noble Lord agree that, in the light of the fact that a number of people now are only too ready to protest at anything, there is a danger that they may misuse the law and its accoutrements in order to attract to themselves the illusion of martyrdom; and that the Government would be well advised to consider this and advise chief constables, and also the governors of prisons, whether they can do anything to avoid such a procedure?

Lord BESWICK

My Lords, that is a point of view. At one time I believe we used to write poetry about "Village Hampdens". Now we appear to put them in handcuffs. But I think it is part of the present social scene which might well be looked at. Some people are undoubtedly being a little exhibitionist, though I am not saying that that applies to these people.

Lord SORENSEN

My Lords, may I ask my noble friend whether he can say that the protesters to whom the noble Lord referred are the protesters announced some years ago led by Lord Birkenhead?

Lord BESWICK

My Lords, my noble friend ought to put that question down on the Order Paper.