Lords Sitting of 13 December 1819

MISDEMEANORS BILL.
The Lord Chancellorhaving moved the order of the day, the bill for preventing delay in the administration of justice in cases of Misdemeanor was read a third time. His lordship then observed, with reference to what had been said on the subject of informations ex-officio, that he had framed a clause which

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he intended to move, to add to the bill. In criminal cases, at the suit of a private prosecutor, the term allowed to the latter was twelve months, and if he did not bring the case on to trial within that period, the defendant might carry down the record by proviso, and tender himself for trial; he had thought it right to apply the same rule as to time, to informations ex-officio filed by the attorney general, and to informations and indictments in which the attorney-general was the prosecutor; and he proposed to enact, that in every case of such prosecution, where the defendant had pleaded not guilty, and the attorney general did not, within a year, bring on the case for trial, the defendant might give a notice of-twenty days to the attorney-general of his intention to apply to the court either to order a trial, or to set aside the prosecution. Either the Court could then make an order, or the period of the notice would give the attorney-general an opportunity of entering a noli prosequi.
Lord Hollandhoped the House would excuse him if he should rise to make his personal acknowledgments to the noble and learned lord, for the clause which he had submitted to their consideration. The clause went as far as any thing which he could suggest, and carried its object into effect in a much better manner. He could not say that the clause had indeed done all which he could have desired, but it did much more than he had ever expected. This and another clause which the noble and learned lord had introduced, had effected an improvement so material in the bill, that he did not deny that the measure would operate a very considerable improvement in the law of the country. He therefore should for one say, "content" to the motion for passing the bill.
The clause was then read, and the bill passed.