HC Deb 08 December 1938 vol 342 cc1372-3W
Mr. Leach

asked the Home Secretary whether his attention has been drawn to the conflicting decisions of magistrates in motor car offences, particularly where alcoholic influence has been involved; and if he will consider issuing instructions for the guidance of magisterial benches in such cases?

Mr. Lloyd

The question what constitutes the offence of driving under the influence of drink is for the courts to decide and it is not within my right hon. Friend's province to issue any advice for the guidance of summary courts on this subject. If the hon. Member is referring to the different penalties awarded by courts of summary jurisdiction for this offence, it is for the courts to decide what is the appropriate penalty having regard to the particular circumstances of each individual case.

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