HC Deb 31 October 1946 vol 428 cc772-3
40. Wing-Commander Millington

asked the Secretary of State for the Home Department if he will introduce legislation to ensure that the period between arrest and trial in criminal cases shall not be more than six weeks.

Mr. Ede

It would not be practicable to prescribe a maximum period between arrest and trial, because this period must depend, first, on the time taken at the hearing by the examining justices—and this may include adjournments at the request either of the prosecution or of the defence—and, second, upon the date of sitting of the court of assize or quarter sessions to which the accused is committed. Magistrates have power, where committal to the next assizes or quarter sessions would involve undue delay, to commit to another court of assize or quarter sessions in order to expedite the trial, and they also have power to grant bail on committal for trial.

Wing-Commander Millington

Is the Home Secretary aware of one specific case, where a man is now in jail, waiting for trial on a capital charge, and that four months will elapse between arrest and the trial? Will my right hon. Friend not agree that that is imposing a burden on that man, whether he be guilty or innocent, which the law should not force him to bear?

Mr. Ede

Not until my hon. and gallant Friend drew my attention to that case less than half an hour ago. In the meantime, I have not been able to investigate it. I am convinced that the power to send a case for trial at another assizes than that for the county concerned is well known to justices, and is generally used when that course is suitable.

Mr. Hector Hughes

Does my right hon. Friend realise that at present many accused persons are, in effect, subject to two trials, one in a police court and one before a jury, and that during the period of time which elapses between the two, the publicity given to the first necessarily prejudices the case at the second, because—

Mr. Speaker

The hon. and learned Member is now raising quite another matter from that raised by the Question on the Order Paper.