HC Deb 18 April 1866 vol 182 cc1610-1

Order for Committee read.

Motion made, and Question proposed, "That Mr. Deputy Speaker do now leave the Chair."

MR. H. A. BRUCE

stated that it was not the intention of the Government to offer any opposition to going into Committee on this measure, for there was a great deal in the Bill which might be considered and adopted. At present in all cases of summary conviction the expenses could be certified by the magistrate, and in cases of felony or misdemeanor, triable at assizes or quarter sessions, the expenses were certified by the committing magistrate and forwarded to the Crown Office, and then, if found reasonable, they were allowed. Where, however, a charge was not sufficiently proved to justify a committal, the expenses of witnesses could not, under the present regulations, be allowed Those witnesses might have been brought up from a distance, at great cost, and the case might have been a most proper one for investigation, but the absence of some link in the chain of evidence might cause a dismissal, and it was only just that provision should be made for the payment of expenses in such cases. Then came the question whether the charge should be imposed on the Treasury, The Treasury, in the case of committals, had a security for the case being thoroughly inquired into by the second and final tribunal, and the Judge or Chairman of Quarter Sessions, if satisfied that the expenses had been properly incurred, made an order, and the sum was immediately paid by the Treasury. Where there was no committal the inquiry was far less complete, and there was not the same security for the prosecution having been rightly instituted. The Government, therefore, in assenting to the Bill, did so, on the clear understanding that the charge it involved should not be borne by the Treasury,

Motion agreed to: Bill considered in Committee.

(In the Committee.)

Clause 1 (Powers of examining Magistrate to grant Certificate of Expenses to Prosecutor and Witnesses extended, and Petty Session Clerks to be entitled to Fees on Depositions).

MR. HENLEY moved the omission of the words "prosecutor and," with the view of limiting the payment of witnesses to those not personally concerned in the case.

MR. GOODSON

assented to the Amendment, which was agreed to.

Clause agreed to.

Clause 2 (Declaration by Magistrate to be annexed to Certificate, and laid before Chairman of Quarter Sessions, who may allow Amount wholly or partially, and make Orders for Payment).

MR. HENLEY moved ah Amendment fixing on the Court of Quarter Sessions, instead of simply on the Chairman, the responsibility of allowing the expenses. He also suggested that the operation of the Bill should be limited to three years, at the end of which time, if it had worked satisfactorily, there would be a good ground for transferring the charge from the various counties to the Treasury.

Amendment agreed to: Clause agreed to.

Remaining clauses agreed to.

House resumed.

Bill reported; as amended, to be considered upon Friday.