HC Deb 28 July 1890 vol 347 cc1062-3
MR. FLYNN (Cork, N.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if his attention has been called to the prosecutions at Bantry, on Tuesday, 22nd instant, in which nine men were sentenced by Captain Welch and Mr. Cecil Roche, Resident Magistrates, to one month's imprisonment each, at hard labour, and at the expiration of the month's imprisonment to find sureties for good behaviour for a further period of six months; is he aware that defendants' counsel applied the sentences should be increased, to enable the defendants to appeal, but the Magistrates refused the application, and that counsel thereupon asked the Magistrates to state a case for the Superior Courts, on the ground that the facts proved did not amount to an unlawful assembly, bat this application was also refused; and, if the facts be as above stated, whether he will explain why the defendants' right of appeal was thus denied to them?


I believe that eight men were sentenced on the occasion referred to. The Magistrates proposed to deal leniently with the cases if the men would promise not to offend again, bat this they refused to do.


Is it not the invariable practice in the English Courts to grant an appeal in the event of a prisoner desiring to have the case considered by a Superior Court?


I am under the impression that an appeal would not be granted as a matter of course.

MR. M'CARTAN (Down, S.)

Every prisoner in England is entitled to an appeal under the Summary Jurisdiction Act. Will the right hon. Gentleman direct the Magistrates to increase the sentence, so as to afford an appeal?


I should not like to answer that question offhand, without notice.

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