CLAUSE 13.—(Binding over of witnesses conditionally and the reading of depositions at trial.) (Hansard, 16 November 1925)

§ The ATTORNEY-GENERAL (Sir Douglas Hogg)

I beg to move in page 13, line 39, to leave out from the word "notice" to the word "to," in line 41, and to insert instead thereof the words at any time before the opening of the Assizes or Quarter Sessions to the clerk to the examining justices, and at any time thereafter. In moving the Amendment which stands in the name of my right hon. Friend the Home Secretary, let me say that its purpose is really to fulfil a promise which I gave in Committee. It is proposed slightly to alter the phraseology. As it is, it is not quite clear when you are to cease to give notice to the clerk to the examining Justices, and when you are to begin to give your notice to the clerk of Assize. The notice is a notice which you are required to give if you want witnesses to attend who have been provisionally bound over.

§ The ATTORNEY-GENERAL

I beg to move, in page 14, line 2, at the end, to insert the words The examining Justices shall on commiting the accused for trial inform him of his right to require the attendance at the 138 trial of any such witness as aforesaid and of the steps which he must take for the purpose of enforcing such attendance. This Amendment is also made in fulfilment of a pledge given in Committee. It was suggested by the hon. and learned Member the ex-Solicitor-General that it would be convenient to have an express statement in the Bill that the examining Justices should tell the accused person of his right to have the attendance of a witness who had been provisionally bound over. The words to be inserted provide that that shall be done.