§ 36. Sir NICHOLAS GRATTAN-DOYLEasked the Attorney-General whether he will take steps to prevent a criminal charge, which has already been dismissed by a magistrate, being brought before a court of assize or other High Court, in order that it may no longer be possible for a man to be tried twice for the same offence?
§ The ATTORNEY-GENERAL (Sir William Jowitt)I have no power to prevent the presentation of an original bill of indictment except where my consent is sought in respect of those offences which are subject to the provisions of the Vexatious Indictments Act, 1859. In all other indictable offences it is open to any person to prefer an indictment without a preliminary hearing before a magistrate, or in a case where, after such a hearing, the magistrate has decided not to commit the accused for trial. The hon. Member is in error in regarding the proceedings before a magistrate as a trial. They are in the nature of a preliminary hearing to determine whether there is sufficient evidence to commit the accused for trial. I should add that the Attorney-General has the power to enter a nolle prosequi to any indictment, but this merely puts an end to the particular proceeding and is not the equivalent to an acquittal.