HC Deb 14 November 1938 vol 341 cc515-6W
Mr. W. R. Duckworth

asked the Home Secretary what steps have been taken to request judges and magistrates not to specify the nature of imprisonment when imposing prison sentences but to leave this matter to the discretion of the Prison Commissioners; and what has been the response to this request?

Sir S. Hoare

The questions whether a sentence of imprisonment should be with or without hard labour, and whether any direction should be given as to the division in which the sentence is to be served, are for the court to decide having regard to the relevant statutory provisions and the circumstances of the individual case.

No general request has been made to the courts that they should leave the decision on these matters to the Prison Commissioners. The object of the second division, however, is to separate prisoners who are not of depraved character or criminal habits from others, and on occasion, where a question in regard to the proper classification of a prisoner has arisen in any individual case, the Home Office has advised that if a court has any doubt whether a prisoner should be placed in the second or third division, the better plan is to make no order, since, if imprisonment in the second division is ordered, the prisoner cannot be transferred to the third division, whereas if no order is made, the visiting committee of the prison can order treatment in the second division, or the prisoner may, in any proper case, be dealt with by being placed in one of the special categories which have been instituted by the Prison Commissioners for certain classes of prisoners.