CRIMINAL PROCEDURE (IRELAND) BILL. (Hansard, 13 August 1889)

§ MR. T. M. HEALY

In asking for leave to introduce a Bill to amend the law as to criminal procedure in Ireland, I wish to say a few words on the subject, which has received a remarkable elucidation in recent days by the judgment of Chief Baron Palles in the case of Dr. Tanner. The object of this Bill is to give effect to the views expressed on that occasion by the Lord Chief Baron. I may also remind the House that on the 17th of May, 1887, the Chief Secretary, in introducing the Criminal Law Procedure Act, otherwise known as the Crimes Act, gave a pledge to the House in regard to extending the law on this subject which has never yet been fulfilled. I am perfectly aware that the right hon. Gentleman has on more than one occasion attempted to explain the reason of the non-fulfilment of his pledge; but, in reality, it was abandoned in response to the letters of the hon. and learned Member for Fulham (Mr. Hayes Fisher), a criminal lawyer, who would have been better engaged in the administration of the criminal law in England than in interfering with that of Ireland, and the hon. and learned Member for Peckham (Mr. Baumann), who knows nothing about the criminal law either of England or Ireland. The right hon. Gentleman, on the occasion to which I refer, said— Under the Bill as we have drafted it we have closely followed the Act of 1882, and by the existing law there is no appeal for imprisonment for less than a month. We propose to give an appeal in every case to a County Court Judge, and to the higher tribunals where there are legal technicalities. The Bill which I now introduce provides, amongst other things, an appeal in the case of a Magistrate sentencing a prisoner in default of giving securities for good behaviour, as in the case of Dr. Tanner. I also propose to give an appeal in cases of contempt of Court, 1146 and in all cases of sentences under the Crimes Act, and that there shall be no increase of sentences upon the appeal. In cases brought before the superior Courts on certiorari or habeas corpus, I propose, notwithstanding the decision of the Court of Queen's Bench that they could not look into the evidence, that the evidence must be examined, and that costs may be given against the Crown. Finally, the Bill provides that no sentence of longer duration than one month shall be given in default of sureties except in cases of assault and battery, and in a case of conspiracy no man shall be held responsible for the action of anyone except himself. These, I think, are extremely reasonable propositions, and I appeal to the Government to allow the Bill to go through the House, so that we may get rid of the scandal of permitting a man to go to the House of Lords on a bill of exchange, while it is impossible to reverse the decision of a Resident Magistrate in a case affecting the liberty of Her Majesty's subjects.