§ Sir GODFREY BARINGasked whether the right hon. Gentleman's attention has been drawn to the remarks of the judges of the Court of Criminal Appeal in the recent case of R. v. Ellsom, in which they regretted that they had no power under The Criminal Appeal Act, 1907, to order a new trial, but were compelled simply to quash the conviction in all cases where they decided that it had been wrongfully obtained, even though the wrong were only technical; and whether, seeing that the same opinion has been expressed on many occasions by the judges of the Criminal Appeal Court, His Majesty's Government will consider the propriety of passing a short amending Act to give the Court the necessary power to grant a new trial in appropriate cases?
§ Sir RUFUS ISAACSThere is no difficulty with regard to the matter if there is clearly a technical question involved, because under the Act it is laid down that a technicality shall not avail. This particular case did not involve any technicality. The question involved was a very serious one and went to the merits and the root of the matter. The proposal to introduce legislation is now under the consideration of the Government.
§ Mr. T. M. HEALYI beg to give notice that I shall oppose it.