ES.
[5th August 1940.]
Extract from letter dated 31st July, 1940, from Sir Alexander Maxwell, Home Office, Whitehall, S.W.1.

The Home Secretary has had a letter from Geoffrey Mander, M.P., of which a copy is enclosed. If there is to be any discussion about the amendment of Regulation 39BA it would no doubt be necessary for your Minister to take part in the discussions. I do not, however, feel myself that any discussion on the amendment of Regulation 39BA would be advantageous. If there is to be any Regulation on the subject I do not know how anything better than the existing Regulation could be devised.

The real question, however, is whether we want to retain Regulation 39BA at all. Do we really effect any useful purpose by prosecuting people who recklessly make statements likely to cause alarm and despondency?

I agree that in many of these cases the man or woman who spreads such statements does something which may be harmful, and in many cases does something which deserves punishment, but whether we improve the morale of the nation generally by punishing these mischievous people seems to me questionable. One effect of prosecutions is that the impression is strengthened that the authorities want to hide the facts. This impression, of course, is quite unjustified, but the mere fact that it exists and is often fostered by the newspapers is dangerous.

I should be much obliged if you would have the point considered in your Department, and possibly it might be useful if we had an interdepartmental conference before it is decided what reply to send to Mander's letter .............

Letter from Geoffrey Le M. Mander, Esc., M.P.,

House of Commons, S.W.1.,

dated 26th July, 1940.

On further consideration yesterday I did not give notice to raise the question of Regulation 39B on the adjournment, as it did not seem reasonable to do so, in view of the fact that you were conducting a review of the cases that had been dealt with under it. I venture to hope, however, that you will keep in mind the suggestion I made about consultations for amending it, because I cannot help thinking that in the end this will become necessary.

Draft Circular to Chief Constables.

Sir,

Publication of Disturbing Rumours .

I am directed by the Secretary of State to refer to the Home Office Circular of the 14th June in regard to Regulation 39BA of the Defence Regulations, and to say that, as you have no doubt observed from the Press, this Regulation was the subject of Questions to the Prime Minister in the House of Commons on the 23rd July.

The Secretary of State has been in consultation with the Director of Public Prosecutions, and he desires me to suggest that, before submitting any further cases to the Director with a view to obtaining his consent to the institution of a prosecution, Chief Constables should 112 - 2 -consider whether the case could not be properly dealt with by a police warning to the person concerned.

In general, the Secretary of State suggests that only those cases need be reported to the Director where there is reason to think that the persons concerned have published reports or statements of the kind to which the Regulation applies on more than one occasion, or where, owing to special circumstances, it is necessary to take a serious view of the case.

I am, Sir,

Your obedient Servant,

Extract from Statutory Rules and Orders 1940 No. 938.

Order in Council Adding Regulation 39BA to the Defence (General) Regulations, 1939.

“Publication of disturbing reports. 39BA. - (1) Subject as hereinafter provided, any person who publishes any report or statement relating to matters connected with the war which is likely to cause alarm or despondency shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding fifty pounds or to both such imprisonment and such fine:

Provided that a person shall not be convicted of an offence against this Regulation if he proves -

(a) that he had reasonable cause to believe that the report or statement was true; and

(b) that the publication thereof was not malicious and ought fairly to be excused.

(2) Nothing in this Regulation shall apply to any report or statement made by or to any servant of His Majesty or constable in the course of his duty as such.

(3) A prosecution in respect of an offence against this Regulation shall not, in England or Northern Ireland, be instituted by a constable.”