HC Deb 12 January 1894 vol 20 cc1447-8
MR. POWELL-WILLIAMS (Birmingham, S.)

I beg to ask the Secretary of State for the Home Department, with reference to the Circular Letter of the 8th instant, issued by the Homo Office respecting the Assizes Relief Act, whether the Justices under that Act, unless they for "special reasons" think fit otherwise to direct, are bound to commit to Quarter Sessions all Quarter Sessions cases which they send for trial, whether they admit the prisoners to bail or not, even though Assizes will be held before the date of the next ensuing Quarter Sessions; whether he will state, for the guidance of Justices, what would constitute the "special reasons" referred to; and whether, looking at the uncertainty which now exists as to the proper course of Justices to pursue, he will bring in a Bill either to repeal the Act 52 & 53 Vic. c. 12, and thus leave the matter in question again to the discretion of the Justices, or will introduce an amending Act making clear the law in relation to the commitment of prisoners to Assizes and Quarter Sessions respectively? May I point out that in this question I proposed to ask whether—

MR. DEPUTY SPEAKER

That portion of the question was ruled out of Order.

MR. POWELL-WILLIAMS

Then I will put the question on the Paper.

MR. ASQUITH

The answer to the first paragraph is in the affirmative. With regard to the second paragraph, I have no authority to state what would constitute "special reasons;" it is a matter which the Justices must decide with reference to the facts of each case. With regard to the third paragraph, the matter is under the consideration of the Lord Chancellor and myself.

MR. POWELL-WILLIAMS

Can the right hon. Gentleman say if the fact that Assizes are held before Quarter Sessions would constitute a special reason for commitment to the Assizes instead of to Quarter Sessions by the Justices?

MR. ASQUITH

I cannot speak with authority as to that, but my own personal opinion is that it is a fact to be taken into account.

* MR. DARLING (Deptford)

Is the right hon. Gentleman aware that the Judges of the Queen's Bench Division take very different views, and give expression to them at the Assizes? Was the Circular from the Home Office on this subject sent to the Judges as well as to the Magistrates?

MR. ASQUITH

was understood to reply in the negative, but to add that the Rules Committee of the Judges would, no doubt, be willing to receive representations on the subject.