§ SIR JOHN KENNAWAY (Devonshire, Honiton)To ask the Secretary of State for the Home Department whether it is the practice of the Public Prosecutor in instituting proceedings to rely upon an ex parte statement made by the complainants or their solicitor, or to take any, and, if so, what steps to verify the charges made; whether any, and, if so, what steps were taken by the Public Prosecutor to inquire into the facts of the case alleged against Mr. Blackler, who was recently prosecuted at the Exeter Assizes on a charge of corrupt practices at the Torquay election, and against whom the grand jury found no bill; and whether any machinery exists, in a case such as that of Mr. Blackler, for providing for the costs of the accused out of the public funds.
(Answered by Sir John Walton.) The Attorney-General answers this Question at the request of the Home Secretary. The director of public prosecutions makes such inquiries as are practicable in all cases submitted to him. In the case of Mr. Blackler, the statements of the witnesses were taken by a firm of solicitors, known to the director, and in whom he had confidence, also an opinion of counsel was forwarded to him advising that in his opinion there were grounds for proceeding under Section 2 of 46 and 47 Vic, c. 51. This afforded evidence which in the judgment of the director justified a prosecution. Process was applied for and granted. The accused when before the bench offered no defence or explanation. The magistrates, eleven in number, committed him unanimously to take his trial at the assizes. I am aware of no machinery providing for the payment of the costs of accused persons who may be acquitted by the verdict of either grand or petty juries out of public funds.