LAW OF EVIDENCE (SCOTLAND) BILL. (Hansard, 10 June 1852)

LORD BROUGHAM

described the various changes which had been introduced into the law of evidence by the Act of 1840, and Lord Denman's Act in 1843, and the benefits which had resulted from such changes. He regretted that the present Bill did not contain more that half of the improvements which were still required to be effected in the Scotch Law of Evidence, and trusted that a long period would not elapse before the whole of the varied improvements which had taken place in England on that subject during the last ten years would be applied to Scotland. The only reason for any hesitation on the part of the Scotch lawyers in immediately accepting the improvements recently made in the English law on this subject, arose from their desire to see first the operation of these alterations for a somewhat longer time in England. Among other instances; showing the necessity of an alteration in the Scotch Law of Evidence, he referred to cases of inquiry into Peerage claims in that House, and Election Committees in the House of Commons. In the present state of the Scottish law, no person could be allowed, to give evidence in any, case who could be proved to have any interest whatever therein; whereas, in Peerage cases, as well as in election inquiries, both the parties prosecuting the inquiry, and those who were the subjects of inquiry, were not only liable but compelled to, give evidence, unless they sheltered themselves under the plea that their evidence Would be of a character likely to criminate themselves. It was most desirable that a complete assimilation of the law of evidence of the two countries should take place, and he trusted that the next Session would hot pass without some measure for that purpose being brought forward.