[BILL 180.] COMMITTEE. (Hansard, 13 July 1885)

§ MR. HEALY

said, he had on the Paper a Notice to move an Instruction to the Committee. He did not know whether it was necessary; but, subject to explanation on that point, he would move it. It was as follows:— That it be an Instruction to the Committee that they have power to insert an Amendment directing prisoners who propose to apply for a certiorari to he admitted to bail pending the decision of the High Court. Within his own knowledge magistrates had frequently been in the habit of inflicting a month's imprisonment upon 573 prisoners because there was no appeal, and had done it in a regular manner for that reason. If a prisoner sentenced to a month's imprisonment applied for a certiorari that term of punishment would be over before the application could be decided. As there was no appeal for a month's imprisonment, he contended that in out-of-the-way villages the magistrates were often induced to act illegally: and he thought it necessary, therefore, that prisoners should have the power of applying for certiorari. Ho had had under his notice within the past six weeks no less than five convictions by magistrates, in each of which, if it had not been that the convicted parties had not taken French leave, the terra of imprisonment would have expired before the cases could have come before the Queen's Bench. The Queen's Bench had quashed the convictions ultimately; but what consolation would it have been to the defendants if they had undergone the imprisonment? He begged to move the Instruction to the Committee which he had put on the Notice Paper.