HL Deb 28 April 1970 vol 309 cc929-30
LORD JACQUES

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 whether in view of the increase in offences of violence and the fall in the value of money since 1948, they will review the powers of Magistrates' Courts to order an offender to pay damages for injury under the Criminal Justice Act 1948 and whether they will in the meantime, direct the attention of magistrates' courts to such powers as they already have to order the payment of damages for injury.]

LORD BESWICK

My Lords, the Advisory Council on the Penal System is at present undertaking a comprehensive review of the powers of all criminal courts to order offenders to pay com- pensation. The need for modification of the powers of the courts will be considered in the light of the Council's recommendations. Under Section 11(2) of the Criminal Justice Act 1948 a magistrates' court, when placing an offender on probation or discharging him conditionally or absolutely, may order him to pay damages for injury up to a maximum of £100. There is no need to remind magistrates' courts of these powers to award compensation.

LORD JACQUES

My Lords, I thank my noble friend for that answer. I would ask two supplementary questions. First, is there not a case for extending the power of magistrates' courts to order compensation for injury where the sentence is a suspended one? This is a new sentence introduced since the 1948 Act. Secondly, if £100 was the appropriate limit in 1948, is not a limit of something like £250 appropriate now?

LORD BESWICK

My Lords, my noble friend raises two very relevant points, which is what I would expect from him, and I have no doubt that both points are being considered by the Advisory Council. In any case, I trust that, as a result of his raising the matter, they will be so considered.

THE EARL OF MANSFIELD

My Lords, can the noble Lord say when the Report of this Council is likely to be received?

LORD BESWICK

Yes, my Lords. I understand in the middle of this year.