HC Deb 17 November 1952 vol 507 cc1385-6
29. Mr. Bellenger

asked the Attorney-General whether his attention has been directed to a pronouncement by the Lord Chief Justice in a recent appeal that appeals in certain cases under the Courts-Martial Act are taking too long to reach the Appeal Court; and if he will make a statement giving details of the average length of time elapsing between notice of appeal and hearing.

The Attorney-General (Sir Lionel Heald)

My attention has been directed to the remarks of the Lord Chief Justice in the case of R. v. Grant, to which the right hon. Member presumably refers. My noble Friend the Lord Chancellor has conferred with the Lord Chief Justice, whose pronouncement referred to the lapse of time between the date of conviction and the date when the right of appeal arises; my noble Friend does not consider that it would be in the interest of the convicted person to reduce this period, which is prescribed by Rules of Court.

The average time between the receipt by the Court of notice of appeal and the hearing is 27 days.

Mr. Bellenger

Can the hon. and learned Gentleman say what happens between conviction by a court-martial and the hearing of the appeal? Is the sentence suspended?

The Attorney-General

No, Sir.

Mr. Bellenger

Then does it not follow that an injustice is caused to the convicted man if he has to serve his sentence and then later have his appeal heard, which may remit the whole of the sentence or quash the proceedings?

The Attorney-General

It should be borne in mind that it is desirable to have a considerable time available for the benefit of the accused person. He has 90 days following the promulgation in which to appeal. That is considered necessary because he cannot apply for leave to appeal until he has been informed that his petition has been rejected or 40 days have elapsed following the date on which he presented his petition, or 60 days if he was outside the United Kingdom. The matter was discussed during the passage of the Bill and it is really necessary to provide that amount of time for the protection of the man himself.

Mr. Shinwell

While it was considered, when this legislation was introduced into the House, and debated, that the man concerned should have a reasonable time in which to lodge an appeal, was it not also understood that the hearing of the appeal should be expedited?

The Attorney-General

I do not think it is right to say that there is delay in the hearing of the appeal. That is shown by the figure of 27 days.

Mr. Janner

Is it a fact that, while waiting for the appeal to be heard, the prisoner is actually undergoing a sentence and, if that is the case, is it possible for the hon. and learned Gentleman to do something in order that a man should not serve a sentence pending the hearing of the appeal?

The Attorney-General

That is another matter, of which I should like to have notice.

Mr. Ede

Has the Lord Chief Justice made any comment, as a result of his conversations with the Lord Chancellor, that might make one think that he has seen fit to modify the views he expressed?

The Attorney-General

I am not aware of any such statement.