§ 58. Sir J. Mellorasked the Attorney-General whether he will take steps by statutory order, or otherwise, to secure that members of His Majesty's Forces, and others engaged on essential work of national importance, shall not be required to travel long distances and spend time attending civil courts in order to give formal evidence which could reasonably be supplied by letter or affidavit?
§ The Solicitor-GeneralMy hon. Friend will be aware that the courts already have power to order that the evidence to be given by a witness shall be given by affidavit. Furthermore, the attendance of witnesses may in certain circumstances be avoided by a notice to admit facts and by the use of interrogatories or by an examination before an examiner. It is for the court to say whether the attendance of a witness is reasonably required for the purpose 1058 of cross-examination, but in the cases referred to where the evidence is formal the powers that already exist would appear to be sufficient.
§ Sir J. MellorIs the Solicitor-General aware that officers are frequently required to travel long distances to give evidence of character when they know only what appears on the man's documents?
§ The Solicitor-GeneralMy hon. Friend's question relates to attending at civil courts, but, as he has raised the point, I may tell him that the question of the attendance of officers in these circumstances was discussed most thoroughly at a conference between the Home Office and the Service Departments, when certain procedure was come to. With regard to courts of summary jurisdiction, the police would make inquiries of the commanding officer of the man who was a defendant and would give general evidence of character based on these inquiries. An officer would be sent for only if his attendance was desired by the defendant or by the court on some question. With regard to assize courts, it is necessary that the Services should comply with the directions of the learned judges in order that justice may be administered.