§ SIR ROBERT ANSTRUTHERsaid, he wished to ask the Lord Advocate, Whether his attention has been directed to a Return made to this House dated 18th May 1868, No. 279, showing the number of Committals in Scotland for 1866–7, by which it appears that in sixteen cases 20 days and over, in sixty-six cases 150 days and over, and in 176 cases 100 days and over elapsed between the committal and the trial of prisoners; and, whether it is his intention to take any steps to insure the shortening of such serious delay in the administration of justice?
THE LORD ADVOCATEsaid, in reply, that the sixteen cases mentioned in the Question, in which the prisoners had been 370 detained for 200 days and upwards were very special cases. In some of them the prisoners were insane, in others unwell, and in others the cases were attended with peculiar difficulty. But no innocent person had suffered, and all the prisoners were convicted, except one, who was found to have been insane. With reference to the other class of cases included in the Question, he might explain that the Assize or Circuit Courts were held in Scotland, in the provinces, once in six months, except in Glasgow, where there was also a winter assize. Of course there must be detention to await the circuit; but Scotland was not in a different position from England in that respect. Further, the course of proceeding was just what it had always been. In serious cases the trials occasionally were removed to Edinburgh; but it would cause very great expense to the country, great inconvenience to witnesses, and also occupy the time of the Court more than was desirable, if all trials for criminal cases were held in Edinburgh. There was, however, a proceeding under the Scotch law by which it was competent for a prisoner who was detained to force on his trial if he was unwilling to wait for the circuit, so that not only in bailable offences could he get out of prison on finding security, but in the case of offences that were not bailable he might take proceedings to force on his trial. As to the concluding part of the Question of the hon. Baronet, provisions were contained in the Justiciary Court Bill now before the House—and which he hoped would be passed this Session—that would greatly facilitate the trial of prisoners who pleaded guilty to the charges brought against them.
§ SIR ROBERT ANSTRUTHERasked, Whether the insane prisoners were insane when first imprisoned?
THE LORD ADVOCATEsaid, some of the prisoners were insane previous to apprehension, and others became insane afterwards. Persons who committed such crimes were often not in the most sane state of mind.