HC Deb 30 July 1959 vol 610 cc669-70
34. Mr. E. Fletcher

asked the Secretary of State for the Home Department if he will now announce detailed proposals for ensuring that there will always be an appeal available against refusal of a grant of habeas corpus.

The Secretary of State for the Home Department and Lord Privy Seal (Mr. R. A. Butler)

The Government intend, when a convenient opportunity can be found, to propose that the law should be amended so as to provide for an appeal from the Divisional Court to the House of Lords in any criminal cause or matter, including not only applications for habeas corpus but also applications for the prerogative orders and cases stated by magistrates or quarter sessions, as well as convictions for criminal contempt of court. It is proposed that an appeal should lie only where the point of law involved is one of general public importance which merits consideration by the highest tribunal. The Government propose at the same time to abolish the certificate procedure under Section 1 (6) of the Criminal Appeal Act, 1907, and to provide for appeals from the Court of Criminal Appeal to be dealt with on substantially the same basis as those from the Divisional Court.

Mr. Fletcher

Does the Home Secretary appreciate that that announcement will be very generally welcomed? May we take it that legislation is required and will be introduced as soon as possible?

Mr. Butler

Yes, Sir. Legislation will be required and will be introduced in the next Session of Parliament.

Mr. Ronald Bell

Does my right hon. Friend's announcement mean that an appeal in those cases would be direct from the Divisional Court to the House of Lords and would not go through the Court of Appeal on the way?

Mr. Butler

I should want to examine my hon. Friend's supplementary question in detail before sending him a reply.

Mr. Gordon Walker

Is the Home Secretary aware that without committing ourselves to the approval of the exact details of what he said, we very much welcome the statement and look forward, when we on this side of the House are in office, to introducing the legislation?

Mr. Butler

I have refrained, in such matters as contempt of court, from introducing any such significance into my remarks. The fact is that whoever is the next Government will find a great deal of very useful work ready to bring in.