Lords Sitting of 24 March 1848

MINUTES.
Took the Oaths.—The Lord Carleton.
PUBLIC BILLS.—2a Criminal Law Administration Amendment.
Reported—Queen's Prison.
3a and passed;—Audit of Railway Accounts.
PETITIONS PRESENTED. From Ipswich and several other Places, against the Admission of Jews into Parliament.—From several Members of the Independent Order of Odd Fellows, Manchester Unity, for the Extension of the Provisions of the Benefit Societies Act to that Order.

CRIMINAL LAW ADMINISTRATION AMENDMENT BILL.
LORD CAMPBELLmoved the Second Reading of the Criminal Law Administration Bill, the object of which was to establish a Court of Appeal in criminal cases. A great part of the criminal law in this country was administered at the quarter sessions, and it sometimes happened that very difficult questions of law arose there. When such cases arose, the practice was to lay them, through the instrumentality of the clerk, before the Home Secretary, who called in the Attorney General to advise with him; and it occasionally happened that the question submitted to them was disposed of in a manner that was not at all satisfactory. Even where the cases came before the Judges of Assize, very great inconvenience arose from there being no competent tribunal of appeal. The practice was, that when a point arose before a Judge, on which he did not wish to decide, he reserved it for the opinion of his brethren in Westminster Hall. In the meantime there was a verdict of guilty, and sentence was pronounced; and at the beginning of the ensuing term the Judge stated the case for the opinion of the other Judges. This was not a tribunal sanctioned by the law. The case, when submitted to them, was not regularly argued, and they did not publicly give any judgment upon it; no reason was assigned for the decision to which they came, and if they decided in favour of the party, the only course was that a pardon was granted as if the party had been really guilty of a crime. That was a very defective state of the law, and the object of this Bill was to establish a Court of Appeal for disposing of all points of law which were raised in the administra-

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tion of criminal justice. When the point arose at quarter sessions, the question was first to be referred to the Judge of Assize, and if he found any difficulty in deciding it, he was to submit it to the Court of Appeal in Westminster Hall. In respect to all cases arising in the first instance before Judges of Assize and in criminal courts, they would be brought before this Court of Appeal, where they would be regularly heard and discussed, and public judgment pronounced upon them. In case the decision of the Judges was in favour of the prisoner, then the judgment would be vacated, and he would be released from all imputation upon his character. Some persons might think the Bill should have gone further, and that it should establish the right to move for a new trial on the facts in all criminal cases, according to the analogy prevailing in civil cases. Though he hoped he had not shown any want of courage in proposing reforms of the law, still he was not prepared to propose to their Lordships that such a system should be established. He was not advised, nor had he heard of any machinery by which that system could be established with advantage to the country. There had been a great deal of exaggeration with regard to the necessity of such a proceeding, although he admitted it would be desirable if it could be done. In civil cases it would be indifferent to the public what delay might arise; but in criminal cases it was necessary that punishment should follow as speedily as possible. Now, one mischief which was likely to arise from the institution of this right of appeal was, that it might enable the rich delinquent so to delay the proceedings as to exhaust the public indignation at his offence by mere lapse of time. This, however, might be provided against; and what he therefore proposed was that the Bill should be now read a second time, and then be referred to a Select Committee, on which he should be glad if even all their Lordships would serve; for his wish was that every kind of information bearing on the subject should be obtained. If it should be thought that a right of appeal on the merits should be given as well as on questions of law, and if such a scheme should be considered practicable, he would be glad to render all the assistance in his power to effect that object. At present he contented himself with confining the appeal to questions of law only.
Bill read 2a.
To be referred to a Select Committee. House adjourned.