§ Brigadier Petoasked the Secretary of State for the Home Department on what grounds he signed the order for the release from Exeter Prison on 10th February of John Corkery, No. 5991, aged 51, who was serving a sentence of three months' imprisonment for malicious damage; and whether he is aware of the concern felt by the Barnstaple borough magistrates, the Devon Constabulary, and the citizens of Barnstaple, that this man should have been released before the completion of the sentence imposed on him at Barnstaple Quarter Sessions on 15th January. 1948.
§ Mr. EdeThis man was sentenced on 5th December, 1947, to three months' imprisonment for malicious damage, the sentence being ordered to run consecutively to a sentence of one month imposed on him at the same time for another offence. He appealed, and was not released on bail. At the appeal, the 277W conviction for the other offence was quashed, but the sentence of three months' imprisonment for malicious damage (the maximum sentence for this offence) was confirmed. The sentence was ordered to run from the date on which the appeal was heard, but, apart from the fact that he had already served the sentence of one month's imprisonment in respect of the conviction which was quashed on appeal, this would have meant his remaining in custody, in total, for a longer period than the maximum period of imprisonment which could be imposed for the offence of malicious damage. In these circumstances I authorised his release from prison.