HC Deb 11 October 1939 vol 352 cc321-2
37. Mr. Garro Jones

asked the Attorney-General whether he has under examination any proposals to facilitate the war-time administration of the courts of justice; and, if not, whether he will consider the possibility of establishing, for the duration of hostilities, procedure to mitigate difficulties caused by the absence of witnesses and parties serving with the Forces?

The Attorney-General

The Administration of Justice (Emergency Provisions) Act has already made certain provisions to facilitate the war-time administration of the courts of justice by greatly restricting the necessity for trial by jury in the civil courts and by reducing the number of jurors required both in civil and in criminal cases. The hours of the sittings of the Supreme Court have been altered so that they may sit and adjourn at earlier hours. The Execution of Trusts (Emergency Provisions) Bill will, when passed into law, facilitate the administration of trusts. The Lord Chancellor has under consideration the question of facilitating the execution and verification of powers and swearing of affidavits by persons overseas. He is in consultation with the Law Society on the question whether hours within which pleadings may be served should be modified. Other suggestions are under his consideration, and he will be ready to consider any proposal which the hon. Member may wish to make on the subject.

Mr. Garro Jones

Has the right hon. and learned Gentleman anything to say in reference to the last part of my question, namely, whether anything will be done to facilitate the taking of evidence from witnesses serving with the Forces in their unavoidable absence?

The Attorney-General

As the hon. Gentleman will appreciate, the facts have to be proved, and they must be proved by witnesses. There are already certain provisions which enable, in certain cases, documentary evidence to be admissible, and in other cases, evidence to be taken other than in the course of the proceedings. I quite appreciate that that difficulty may arise, and if the hon. Gentleman has any suggestions to make, or any particular difficulty to which he would like me to draw the attention of my Noble Friend, I shall be very glad if he will communicate with me.