CRIMINAL LAW (Hansard, 25 July 1845)

The Lord Chancellor
laid upon the Table the Eighth Report of the Commissioners on the Criminal Law, 1086 and in doing so, observed that it related to the most difficult and complicated branch of their whole inquiry, viz., to procedure. It concluded the labours of the Commissioners, who were appointed while his noble and learned Friend (Lord Brougham) held the Great Seal. He (the Lord Chancellor), therefore, had had nothing to do with the original choice of the learned persons; but he felt it his duty to bear willing testimony to the admirable manner in which they had discharged the task entrusted to them. It was impossible to read their Reports without being strongly sensible of the industry, intelligence, accuracy, and acuteness the Commissioners had displayed. They had treated every part of the subject at once in the most comprehensive and in the most detailed manner; and if it should be the pleasure of the House to legislate on the criminal law in the next Session, or on any future occasion, it would be quite unnecessary for their Lordships to apply to any other sources of information; they would find all comprised in the excellent volumes of the Commissioners. He, therefore, felt called upon to express his gratitude as one of the public for the eminent services they had rendered to their country; and his admiration of the learning, industry, and ability they had displayed.

Lord Brougham
considered it unnecessary, and almost impertinent in him, after what had been so well said by his noble and learned Friend, to subjoin a word. It was true, that his noble and learned Friend had not appointed the Commissioners; but he had added some important and distinguished Members to the body; and among them Sir Edward Ryan, late Chief Justice of Bengal, Mr. Amos, and Mr. Vaughan Richards, the value of whose services was incalculable. Much was due to Mr. Starkie, one of the most eminent criminal lawyers this country had produced. He had given his aid most constantly, and with the utmost possible benefit. The whole of the Reports were now before the country; they formed a complete criminal code, and from them might be formed, without much difficulty, a digest of the criminal law. Little now remained but for the Legislature to reduce these invaluable volumes into the form of a Statute. Last year he (Lord Brougham) had introduced a Bill founded upon one of the Reports of the Commissioners, 1087 and to them it had been referred for revision and final opinion. He could not conclude these observations without remarking that, although the Commissioners were now functi officio, yet he must implore Her Majesty's Government, and especially his noble and learned Friend on the Woolsack, not to omit this opportunity of securing the services of these Commissioners (others might perhaps be found, but none could be better), by forming them into a board for the systematic revision of all the Statutes submitted to Parliament, including, also, all Private Acts, in whose dark corners much that was highly objectionable often lurked, and remained undetected until too late. Nothing could more tend to facilitate the labours of the Judges than such a simplification of the criminal law as might now be accomplished; and he threw out the proposition of a board for the consideration of Ministers during the ensuing long vacation.

Lord Campbell
, concurring entirely in the opinions just expressed, of the value of these Reports, expressed a wish that they might not, like other blue books, be laid upon the Table, and allowed to remain there until they were covered with dust. There was not a country of the Continent that had not had its criminal law reduced into form, and published for the benefit of those who were either to administer or to obey it. There was now no reason why the people of this Empire should not enjoy the same advantage; and he trusted that this just reproach upon our legislation would soon be wiped away, and that a criminal code would be prepared for Great Britain.

The Lord Chancellor
added, that when he said a few minutes ago that the Commissioners had closed their labours, he meant only to refer to the object for which they were first appointed. They had, however, other matters before them, particularly a Bill in which a noble and learned Lord now gazing at him felt a peculiar interest. The Commissioners were also considering the manner in which the country might practically avail itself of their Reports.

Lord Brougham
agreed, that it was most unfit to allow these Reports to become covered with dust: in order to prevent it, he had last year reduced one of the Reports of the Commissioners into the form of a Bill, which was at present 1088 under the revision of the Commissioners. He hoped that Ministers would bring it forward next Session; and, supported by their weight and authority, it could not fail of success. If they did not, he gave notice that if he were spared, he would, and his only doubt was, whether the system of our criminal law ought or ought not, like that of France, to be divided into two parts, one of which was called "Le Code Final," and the other "Le Code de Procédure Criminel."