HC Deb 22 June 1888 vol 327 cc973-4
MR. HANDEL COSSHAM (Bristol, E.)

asked the Secretary of State for the Home Department, Whether he is aware that, on the 12th of this month, 18 persons were convicted by the Bath Bench of Magistrates for offences under the Vaccination Acts; whether several of the magistrates who adjudicated on the occasion were members of the Bath Board of Guardians, and were, therefore, prosecutors in the cases on which they adjudicated; whether it is usual or legal for prosecutors to sit in judgment on cases in which they are personally interested; whether the fines inflicted in these cases have to be paid to the Treasurer of the Bath Board of Guardians; whether there were any irregularities in these prosecutions; and, whether, under the circumstances, he will revise the sentences of the Bench.

THE SECRETARY OF STATE (Mr. MATTHEWS) (Birmingham, E.)

Yes, Sir; the fact is as stated. Two out of the three magistrates who adjudicated are elected Guardians for the Bath Union. They had, however, taken no part in directing any of the prosecutions; and therefore, as I am advised, were not disqualified from sitting in judgment. The law as to the disqualification of Justices from adjudicating in cases in which they are personally interested is laid down in many well-known legal text-books, and cannot be stated within the compass of an answer. I understand that the fines in question were paid to the Treasurer of the city. I cannot ascertain that there were any irregularities in these prosecutions; and, as at present advised, I see no reason to interfere in the matter.