§ (1.) A court of quarter sessions shall, notwithstanding anything in the Quarter Sessions Act, 1842, have jurisdiction to try a person with burglary.
§ (2.) A justice of the peace when committing for trial a person charged with burglary shall, nevertheless, commit him for trial before a court of assize unless, owing to the absence of arms, of personal violence, or of any circumstances which make the case a grave or difficult one, he thinks it expedient, in the interests of justice, to commit him for trial before a court of quarter sessions, and in that case notice of the committal shall be sent to the Director of Public Prosecutions, and the Assizes Relief Act, 1889, shall apply.
THE CHANCELLOR OF THE EXCHEQUER (in the absence of the Attorney General)moved to leave out the words "of arms, of personal violence, or"
§ MR. E. H. PICKERSGILL (Bethnal Green, S.W.)thought it desirable that some of the words proposed to be left out should remain in. He should like the words "absence of arms" to be kept in, but he did not care about the preservation of the words "personal violence." He thought they ought to have some explanation of the reasons for the Amendment from the Attorney General, and as the honorable and learned Gen- 560 man was absent, he thought he should be justified in moving to report Progress.
§ THE CHANCELLOR OF THE EXCHEQUERhoped the hon. Member would not move to report Progress. The Amendment could be explained on Report.
§ MR. PICKERSGILLdid not think that a postponement of the Committee stage would jeopardise the fate of the Bill. He should therefore move to report Progress.
*THE CHAIRMAN (Mr. WODEHOUSE)said that having regard to the late period of the Session, he was unwilling to put the Motion.
§ SIR W. HARCOURTthought the Amendment ought to be deferred until the Report. It was very unusual that an Amendment should be moved when no one was present to explain it.
§ THE CHANCELLOR OF THE EXCHEQUERdoubted whether there would be another opportunity of moving this Amendment if it were deferred.
§ THE ATTORNEY GENERAL (Sir RICHARD WEBSTER,) Isle of Wight, who had just entered the House, apologised for his temporary absence. He explained that difficulties might arise as to the legal meaning of the expression "arms." It was obvious that a burglar with a "jemmy" might do as much execution as one armed with other weapons. He held that it would be best to throw the responsibility of deciding whether a case should go to a Court of Quarter Sessions upon the committing magistrate.
§ Amendment agreed to.
§ THE ATTORNEY GENERALmoved to omit from the clause the words providing that notice of a committal to a Court of Quarter Sessions must be sent to the Director of Public Prosecutions. He explained that to send such notice in every case would involve unnecessary delay.
§ Amendment agreed to; Clause, as amended, ordered to stand part of the Bill.
§ Clauses 2 and 3 ordered to stand part of the Bill.
§ Bill reported, with Amendments; as amended, to be considered To-morrow.