HC Deb 21 June 1888 vol 327 c804
MR. GILHOOLY

asked Mr. Solictor General for Ireland, Whether, in the interval between the arrest of a person charged with an offence under "The Criminal Law and Procedure (Ireland) Act, 1887," and the hearing of a charge, any magistrate has the power to accept bail for the appearance of such person?

THE SOLICITOR GENERAL FOR IRELAND (Mr. MADDEN) (Dublin Uni- 805 versity)

There are no provisions in the Statute enabling Justices of the Peace generally to accept bail under the circumstances mentioned in the Question. In the case of a prosecution under the Act referred to, any person arrested under warrant, on being brought before a Resident Magistrate, may be admitted to bail, should the magistrate be of opinion that this course should be taken.

In further reply to Mr. GILHOOLY,

MR. MADDEN

said, that under the Crimes Act one Resident Magistrate could admit to bail, although the Court of Summary Jurisdiction consisted of two Resident Magistrates.

MR. GILHOOLY

asked, whether the provisions of the Petty Sessions Acts were repealed; or whether they were incorporated with the Criminal Law and Procedure Act of last year?

MR. MADDEN

said, that the provisions of the Petty Sessions Act were not repealed by the Criminal Law and Procedure Act of last year; but they did not apply to the case mentioned in the Question.

MR. O'HEA (Donegal, W.)

asked, whether it was not the habitual practice of Resident Magistrates to supersede the function of the ordinary magistrates in the cases of persons arrested and waiting for trial under the Coercion Act?

MR. MADDEN

That necessarily results from what I have stated to the House—that an application under the Act of last year must be made to a Resident Magistrate, but not necessarily to a full Court of Summary Jurisdiction, because a single magistrate has power to act. The magistrate acting must be a Resident Magistrate.

MR. FLYNN (Cork, N.)

inquired, what section or sub-section of the Act debarred the ordinary magistrate under the Coercion Act from taking bail?

MR. MADDEN

No section of the Act debars an ordinary magistrate from taking bail; but the ordinary magistrate has not the jurisdiction under the Act which the hon. Member supposes him to possess.