HC Deb 30 June 1890 vol 346 cc329-30
MR. BRADLAUGH

I beg to ask the Attorney General whether he can now say whether, in the case of the conviction for common assault at Dewsbury, on 9th June, the prosecution was against a man arrested by a policeman on the charge of indecently assaulting two mill girls; whether the girls were directed by the police to pay, and did pay, in addition to the Magistrate's Clerk's fees of 17s., a further sum of 5s., for the attendance of a witness; whether, in proceedings for such offences, the law provides for compensation to prosecutors; and whether there is any enactment making prosecutors in such a case liable for Justice Clerk's fees and compensation to witnesses?

THE ATTORNEY GENERAL (Sir R. WEBSTER,Isle of Wight)

In answer to the hon. Member, I am informed that, when arrested, the man in question was charged with indecent assault, but that, at the hearing before the Justices, he was convicted of a common assault only. The prosecution was not undertaken by the police, except in so far as they were acting for and at the request of the girls themselves. The girls were liable for the fees of the Justice's Clerk, and they paid them, and also the expenses of one witness, which amounted to 5s. No objection was made by them to such payment. In the case of a common assault, when the defendant is summarily dealt with and not committed for trial the law does not allow the costs of the prosecution to be paid out of the rates, as in the case of felony. The liability to pay the fees of the Justice's Clerk rests on the authority of decided cases, and upon the information before me I am of opinion there was also the liability to pay the expenses of the witness.

*MR. BRADLAUGH

The arrest having been made on a charge of indecent assault, how is it that the police gave an intimation that unless the girls were prepared to pay the costs of the prosecution the case would not go on?

*SIR R. WEBSTER

I am not responsible for the existing state of the law. If a prosecutor, in these circumstances, insists on going on he is responsible for the costs. I am informed that the girls in this case expressed their intention to prosecute.

*MR. BRADLAUGH

In consequence of the answer I have received, I beg to give notice that I will direct attention to the matter on the Estimates.

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