HC Deb 19 August 1889 vol 339 cc1648-9
MR. T. M. HEALY (Longford, N.)

I beg to ask the Solicitor General for Ireland if it was with the sanction of the Government that Crown Prosecutor Rice attempted to induce the Magistrates who sentenced Mr. Thomas Barry, at Mallow, on 13th August, to three-months' imprisonment, not to state a case on the legal question involved as to the application of the Act of Edward III.; and, will instructions be given to-Crown Prosecutors not to attempt to throw obstacles in way of the raising of legal questions decided by Magistrates in the Superior Courts?

* THE SOLICITOR GENERAL FOR IRELAND (MR. MADDEN, University of Dublin)

MR. Barry was not sentenced to imprisonment, but was directed to give sureties for good behaviour, and to be imprisoned in default. When his counsel asked to have a case stated, the Sessional Crown Solicitor referred the Court to some decided cases on the subject. While the Government de not wish that obstacles should be thrown in the way of cases being stated for review by the Superior Courts, they are desirous that the Magistrates should be in every proper manner assisted by reference to cases already decided in those Courts.

MR. T. M. HEALY

Why should the desire to have a case stated be obstructed by the Crown Prosecutor?

* MR. MADDEN

I understand that a question of law arose as to whether in this particular case there was power to state a case. There was no obstruction on the part of the Crown Prosecutor.

MR. T. M. HEALY

What question of law could arise?

* MR. MADDEN

The question, as I understand it, was decided by the Magistrate in favour of the prisoner—namely, whether a case could be stated under the Act when the sentence was to find bail for good behaviour.

MR. T. M. HEALY

The statute provides that the Magistrate is to determine the case. What question of law could arise?

* MR. MADDEN

I have stated what the question of law was, and also that it has been decided in favour of the prisoner.

MR. T. M. HEALY

Will the hon. and learned Gentleman circulate among the Resident Magistrates Mr. Baron Dowse's observations on a sentence of three months' imprisonment in default of giving security for good behaviour?

* MR. MADDEN

It is no part of the duty of the Government to circulate opinions of that kind, or to advise Resident Magistrates as to the mode in which they shall perform their judicial functions.

MR. T. M. HEALY

Is it not the duty of the Crown to communicate with the Crown Prosecutor?

[No answer.]