§ MR. PICKERSGILL (Bethnal Green, S.W.)asked Mr. Attorney General, Whether it is legally within the discretion of the Treasury to repay the expenses of witnesses which, in accordance with 29 & 30 Vict. c. 52, have been allowed, when the charge has been dismissed by the examining magistrate?
§ THE ATTORNEY GENERAL (Sir RICHAED WEBSTER) () Isle of WightIt is not strictly correct to say there is no legal discretion on the part of the Treasury. If the certificate has duly been given under 29 & 30 Vict. c. 52, the witness is entitled to his expenses, whether the charge is dismissed or not.
§ MR. JAMES STUART (Shoreditch, Hoxton)asked Mr. Attorney General, What is the course of proceeding when the Court allows the expenses of a witness in a criminal case; whether the money is paid over to the officer of the Court; and, if so, whether it is returned to the Treasury in the event of a witness 457 not applying; and, whether there is any limit of time, and, if so what, within which application for his expenses must be made by a witness?
§ THE ATTORNEY GENERAL (Sir RICHARD WEBSTER) () Isle of WightThe practice, under the circumstances mentioned in the Question of the hon. Member, is for the officer of the Court to pay to the witnesses their expenses in a case in which it is authorized by Statute. These expenses are, in the first instance, paid out of the local funds. The Treasury, on receiving a certificate from the Clerk of the Peace or other officer of the Court that certain moneys have been paid, and on the production of the vouchers signed by the witnesses, repays the amounts so paid to the Local Authorities; so that the Treasury has a double safeguard, the certificate by the Local Authority and the voucher, or receipt, sent by the witness. There is is no statutory limit of time; but inasmuch as the officer of the Court closes his accounts at the end of each Session or Assize, as the case may be, if the witness does not apply for payment before the accounts are sent in he does not get his expenses allowed.