Lords Sitting of 13 February 1851

MINUTES.
PUBLIC BILLS.—1a Administration of Criminal Justice Improvement; County Courts Extension (No. 2).

ADMINISTRATION OF CRIMINAL JUSTICE IMPROVEMENT BILL.
LORD CAMPBELLlaid on the table a Bill for further improving the Administration of Criminal Justice in England and Wales. The Bill was almost the same with that which he introduced last Session, and which had the approbation not only of the law Lords, but of several other noble Lords who took an interest in it, among whom might be particularly mentioned the Duke of Richmond, to whom the country was exceedingly indebted for his devotion to his duties as a magistrate, and his assistance in the administration of justice. That Bill was passed by the House of Lords unanimously, but late in the Session it was dropped in the other House. The Bill now presented would deal with the existing enactment relative to a conviction for misdemeanour where the accused was acquitted of felony—a subject which had recently attracted public attention. This object had been supposed to be attained by a law passed in the first year of Her present Majesty's reign; but the clause of the statute in question which bore upon the subject was so infelicitously worded as to have occasioned much doubt, and brought, he was afraid, discredit on the administration of justice. No part, however, of this discredit was properly chargeable upon the Judges—it lay entirely at the door of Parliament. Upon a case decided yesterday, of fourteen Judges who were present, six (of whom he himself was one) voted one way, and eight the other. After this decision, he was bound to believe the opinion he had himself expressed erroneons, and to bow to that of his learned brethren; but unfortunately they laid down no rule

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by which he could be governed. He proposed to repeal altogether the clause of the Act to which he alluded, and to define the law by the present Bill in such terms as should leave no room for doubt. After the Bill should have been read a second time, it would be expedient to refer it to a Select Committee, consisting of the law Lords and any other Lords who might wish to give their attendance.
LORD BROUGHAMwas exceedingly glad that his noble and learned Friend should have made application to the House to have the law settled by this Bill, of which he hoped the operation would be most beneficial.
Bill read 1a.
House adjourned till To-morrow.