§ Mr. Forresterasked the Secretary of State for the Home Department how many men and women have been imprisoned in each of the last three years 259W for refusal or inability to make maintenance payments as ordered by the courts; and what percentage this group represents of the total prison population.
§ Dr. SummerskillAnnual receptions into prison department establishments of people committed by magistrates' courts for non-payment of maintenance or affiliation orders are given in table 6.2 of"Prison Statistics, England and Wales 1977"—Cmnd. 7286. On 30 June 1978 those imprisoned for non-payment of maintenance or affiliation orders formed about ½ per cent. of the total prison population in England and Wales.
A person cannot be imprisoned by a magistrates' court for inability to pay maintenance. Before the court may commit a maintenance defaulter to prison it must be satisfied, after an inquiry in his presence, that the default is due to wilful refusal or culpable neglect. There are similar safeguards in the High Court and county courts.