HC Deb 26 April 1967 vol 745 cc1676-7

Where a defendant arraigned on an indictment or inquisition pleads not guilty and the prosecutor proposes to offer no evidence against him, the court before which the defendant is arraigned may, if it thinks fit, order that a verdict of not guilty shall be recorded without the defendant being given in charge to a jury, and the verdict shall have the same effect as if the defendant had been tried and acquitted on the verdict of a jury.—[Mr. Taverne.]

Brought up, and read the First time.

Mr. Taverne

I beg to move, That the Clause be read a Second time.

This is yet a further new Clause tabled by the Government as a result of suggestions made in Committee. On this occasion it results from a new Clause which was tabled at that stage by my hon. Friend the Member for York (Mr. Alexander W. Lyon).

There were certain practical objections on that occasion, but the Committee was not greatly impressed by the need to consider those objections as overriding the principle set out in the Clause moved by my hon. Friend. As a result, this Clause has been drafted and I hope that my hon. Friend will agree that it meets the practical objections that were put forward. It also promotes the principle which my hon. Friend sought to advance, and it should help considerably in certain cases to remove inconvenience.

The Clause means that without the formality of putting the defendant in charge of a jury, a judge can bring in a verdict of not guilty. I hope that my hon. Friend will find this proposal satisfactory and, once again, I express my gratitude to him for having made the suggestion in Committee.

Mr. Grieve

There is not a court in the country which will not find itself indebted to the hon. Member for York (Mr. Alexander W. Lyon) for having first raised this matter, and to the Government for having given effect to the proposal, albeit in slightly different language. It has been a gross inconvenience and an inordinate time waster in my experience at assizes and quarter sessions to have to empanel a jury to return a verdict of not guilty in cases where the prosecution has not offered any evidence. This Clause will save a great deal of time and our thanks are due to the hon. Member for York.

Mr. Alexander W. Lyon (York)

Amen and hallelujah. That is all I have to say on this subject, and this must be one of the shortest speeches on record.

Question put and agreed to.

Clause read a Second time, and added to the Bill.