§ DR. TANNERI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether Mr. Patrick Staunton, having appealed from the decision of a Court held at Castlemartyr, County Cork, on the 24th February last, had his sentence increased by one month by Mr. J. Hamilton, the Cork Recorder; and whether the extra month imposed by Mr. Hamilton was given subsequent to the confirmation of the original sentence, for alleged contempt of Court; and, if so, whether Mr. Staunton will be treated during the additional period of imprisonment as a bail prisoner?
MR. A. J.BALFOURI am informed that it is the case that after the Recorder confirmed the sentence he increased the original term of three months' hard labour by an additional month, owing to the violent conduct of the man in Court. He will not, therefore, be in the position of a bail prisoner during that additional month's imprisonment.
§ DR. TANNERIs it usual for a County Court Judge to give hard labour for contempt of Court?
§ * MR. MADDENI have not the facts of this before me, and, therefore, I cannot answer any question relating to it.
§ MR. SEXTON (Belfast, W.)Is it within the jurisdiction of the Judge to increase the sentence, not in respect of the original offence, but for something that happened in Court.
§ * MR. MADDENI must ask for notice. I have not the facts before me.
§ MR. SEXTONThis is a question of general principle, and not dependent on the facts of a particular case.
§ * MR. MADDENI can only repeat that I am not acquainted with the facts of the case1; but it is absolutely in the power of the Judge, on the hearing of an appeal, to increase the original sentence. I presume that the demeanour of 369 the accused was an element in the consideration of the case.
§ MR. SEXTONI want to know whether the decrease or increase of the original sentence must not have relation to the original offence?
§ MR. J. O'CONNORIs not the County Court Judge a landlord at variance with his tenants, and is he, therefore, competent to try cases in which disputes between landlord and tenant are concerned?
§ MR. A. J. BALFOURI know nothing about that.
§ MR. A. O'CONNORIs it in the power of any County Court Judge to sentence a man to hard labour for contempt?
§ * MR. MADDENI must respectfully repeat, it would be much more satisfactory if the facts of the case were before me before answering this question. No general expression of opinion in such a matter can be of much value unless applied to the facts of a particular case.
§ * MR. H. H. FOWLER (Wolverhampton, E.)The right hon. Gentleman has stated that it is perfectly clear that a Court of Appeal has power to increase sentences on appeal. May I ask whether the attention of the right hon. and learned Gentleman has been called to the statement of the Master of the Rolls in a Debate in the other House, to the effect that—
Equally contrary to English law was it that a sentence passed by a Judge should be increased, but a sentence that was too severe might be diminished;and whether that statement of English law by Lord Esher is also the law in Ireland?
§ * MR. MADDENI have not any knowledge of the particular facts of the case to which that general statement referred to by the right hon. Gentleman applies. I think it is inconvenient to ask for a commentary on such a statement without giving notice. If the right hon. Gentleman will kindly put a question on the Paper, I will examine into the subject, and see whether there is any inconsistency between that statement of the law and the position in Ireland with reference to the power of County Court Judges to increase sentences on appeal.
§ MR. T. M. HEALYWith regard to increasing sentences on appeal, I wish to ask whether the Chief 370 Secretary has seen a letter addressed by the right hon. Member for West Birmingham to a correspondent, stating that the increase of sentences was un-English, more honoured in the breach than in the observance, and practically promising that it would not occur again. I know the right hon. Gentleman the Member for West Birmingham has no power to pledge the Government to any action; but will the right hon. and learned Gentleman, in these circumstances, examine into the facts of this case, and be good enough to advise the Lord Lieutenant to remit the sentence?
§ MR. J. CHAMBERLAIN (Birmingham, W.)The hon. Member has referred to a letter of mine. I do not recognise its contents in the account which he has given of it
§ MR. T. M. HEALYI am glad to hear the right hon. Gentleman repudiate even so gracious a letter.
§ MR. AMBROSE (Middlesex, Harrow)As to the observation of the Master of the Rolls, I wish to ask the right hon. and learned Gentleman whether it is not within his knowledge that the Lord Chancellor, in the course of the same Debate, mentioned the practice as within his experience, and referred to a very old case in which sentence was increased on appeal.
§ * MR. BRADLAUGHI rise to order, Sir. Is it in order to refer to a Debate in the other House?
§ * MR. SPEAKERReference has already been made to the other House; but I think the whole discussion is becoming one of general law, and is out of place in answer to a question.