HC Deb 09 March 1962 vol 655 cc95-7W
Mr. Malcolm MacPherson

asked the Secretary of State for Scotland in how many cases in the Glasgow Sheriff Court, since 28th February, 1962, an accused person has been detained in custody following a request that he be admitted to the benefit of the Poor's Roll; and for what periods these persons have been so detained.

Mr. Maclay

Between 1st and 8th March, inclusive, two persons were remanded

Dr. Hill

The following table shows the main rates of subsidy payable on houses built by local authorities since 1945, all are payable for sixty years from the time of completion. In addition an expensive site subsidy has been payable since 1956 where the cost of the land as developed exceeds £4,000 an acre.

in custody for the purpose of obtaining legal advice. In each case the remand was for six days.

Mr. Malcolm MacPherson

asked the Secretary of State for Scotland to what extent in the Glasgow Sheriff Court since 28th February, 1962, accused persons have not been legally represented.

Mr. Maclay

Between 1st and 8th March, inclusive, 157 persons who appeared in custody in the Glasgow Sheriff Court were not legally represented.

Mr. Malcolm MacPherson

asked the Secretary of State for Scotland whether he is satisfied that the procedure for ensuring that all persons entitled to the benefit of the Poor's Roll are admitted to such benefit is effective; and what steps he intends to take to remedy the situation.

Mr. Maclay

The procedure referred to has been superseded, so far as civil proceedings are concerned, by the arrangements for the provision of legal aid under the Legal Aid (Scotland) Act, 1949. I am aware that difficulties have arisen as regards its application to criminal cases. The Act of 1949 made provision for Schemes for legal aid in both civil and criminal proceedings on the basis that, so far as possible, the same machinery should apply in the case of both. Experience of the working of the Act in civil proceedings, however, raised serious doubts about the practicability of using the same machinery in criminal proceedings and the whole question was referred to a Committee under the Chairmanship of Lord Guthrie. The Report of that Committee sets out clearly the main defects of the Act of 1949 in relation to criminal proceedings and makes comprehensive and detailed recommendations for modifying it so as to provide a satisfactory and comprehensive scheme of legal and in criminal proceedings. As I stated in reply to a Question by my hon. Friend the Member for Edinburgh, West (Mr. Stodart) on 19th December last, the Government accept in principle the recommendation that, in place of the present arrangements, there should be statutory provisions for the grant of legal aid in criminal proceedings on the lines of the 1949 Act and the Guthrie Committee's detailed recommendations for the amendment of the Act are being studied with a view to the preparation of legislation. This is a formidable task, as a study of the 34 detailed recommendations made by the majority of the Committee will show, but it is being undertaken with all possible dispatch.

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