HC Deb 10 February 1964 vol 689 cc23-6W
Mr. Lawson

asked the Secretary of State for Scotland if he will publish in the Official Report a list of the criminal courts in Scotland, showing separately for 1962 the number of persons ordered to be held in custody before trial, the average length of time so held, the number subsequently dealt with by fine or

— Number Held Longest Period Average Period
Males Females Days Days
Prisons
Aberdeen … 21 1 60 10
Barlinnie (including Logriggend) … 235 — 93 15.5
Edinburgh … 40 3 104 17
Greenock … 2 — 19 9.5
Inverness … 1 — 10 10
Perth … 17 — 70 17.5
Dumfries … 5 — 14 3
Legalised Police cells
Ayr … 4 — 8 3
Dundee … 2 — 7 4
Falkirk … 2 — 14 6
Forfar … 2 — 1 1
Kirkcaldy … 15 1 12 8
Oban … 1 — 1 1

Mr. Lawson

asked the Secretary of State for Scotland how many persons held in Scottish prisons before trial in 1962 were subsequently released without trial.

Mr. Noble

Three hundred and thirty-six men and 34 women held untried in

caution, and the number found not guilty.

Mr. Noble

Detailed information of this kind is not presently available. In view of the questions raised by the hon. Member, the Lord Advocate and I are investigating the detail of the figures given to the hon. Member on 29th January and in the light of the information that this investigation produces we shall be in a position to judge whether further inquiry, for instance by the Criminological Research Unit of the Home Office, which serves both Scotland and England, would be useful.

Mr. Lawson

asked the Secretary of State for Scotland what is the number of persons being held at present in each of Her Majesty's prisons in Scotland; what for each prison is the longest period of such detention; and what is the average period, respectively.

Mr. Noble

It is assumed that the question refers to persons held awaiting trial. The following figures relate to persons awaiting trial in each of Her Majesty's Prisons in Scotland and each legalised police cells unit in which such persons were lodged on the night of Monday, 3rd February:

Scottish prisons and 28 men and two women held untried in legalised police cells in Scotland at various times during 1962 were subsequently released without trial.

Mr. Lawson

asked the Secretary of State for Scotland what proportion of persons held in custody before trial and subsequently sentenced to imprisonment have their sentences reduced by the length of time already spent in prison awaiting trial.

Mr. Noble

Sentences of imprisonment pronounced by the courts are not reduced by the length of time spent in prison awaiting, trial or sentence: this is one of the factors which courts take into account, at the time of passing sentence, in deciding what period of imprisonment to impose.

Mr. Lawson

asked the Secretary of State for Scotland what scrutiny is exercised by the Law Officers of the Crown over the practice in Scotland of holding persons in prison before trial; and what conclusions the Law Officers have reached concerning the conduct of this practice over the past four years.

Mr. Noble

Whether a person is detained in prison before trial or liberated with or without bail is a matter for the courts. Objection to bail must be based on principles of law laid down by the High Court of Justiciary, and Procurators Fiscal are instructed by the Lord Advocate to restrict objection to those applications which come within these principles. While numbers and circumstances have varied, the Lord Advocate is not aware of any general change of attitude by the courts in dealing with individual applications for bail during the past four years. Procurators Fiscal have followed and continue to follow the principles enunciated by the High Court.

Mr. Lawson

asked the Secretary of State for Scotland by what methods he is informed of the extent to which suspected offenders in Scotland are held in prison awaiting trial.

Mr. Noble

At each establishment to which persons are committed untried by the courts a record is maintained of the number of persons so committed, the number of nights spent in custody by such persons and the way in which each is disposed of.

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