HL Deb 24 February 1853 vol 124 cc524-6
LORD ST. LEONARDS

then moved that this Bill be read a Second Time.

LORD CAMPBELL

said, he did not object to the second reading of the Bill, but, as he should be absent for some weeks in the discharge of his public duty, he wished to take this opportunity of protesting against the Bill coming into operation until the Criminal Code should be complete.

LORD ST. LEONARDS

expressed his regret at being deprived of the assistance? of the noble and learned Lord in Committee, and said that he disagreed with his noble and learned Friend as to the necessity of postponing this measure, until the digest of the whole criminal law should be complete. Some offences were of a class quite distinct from others, and it would be advantageous to have the benefit of experience in regard to a part of the criminal law, while proceeding to deal with other parts.

The LORD CHANCELLOR

said, that the Commissioners who were appointed in 1835 to inquire into the subject had prosecuted inquiries with regard to the consolidation of the criminal law, and made several valuable reports. There was afterwards a renewal of the Commission, and the result was that a series of Bills had been framed by the Commissioners, which included the whole digest of the statute law. It had been thought better to split the measure which was originally suggested, into several portions, in order that it might be the more manageable. The day after he received the Great Seal, he sent for one of the members of the Commission, from whom he understood that one department of the proposed alterations had been taken up by his noble and learned Friend (Lord St. Leonards); and he felt satisfied that it could not be in better hands.

LORD BROUGHAM

observed, that the Criminal Law Commissioners had approved of a digest of the whole criminal law with reference to crimes and punishments, reserving for a future report the digest relative to criminal proceedings. The report respecting crimes and punishments was referred back to the Commissioners, in order that some alterations might be made, and one or two gentlemen were then added to the Commission. The Commissioners made a second report, and a Bill founded on such report was brought in, and was referred to a Select Committee. That Bill had, however, been delayed until the Com missioners had agreed upon a digest as to the mode of criminal procedure. In 1850 he had done all he could to induce the then Government to provide for the continuance of the Commission for another year, when they might have completed the whole digest of criminal procedure; but the Government declined to accede to his suggestion, stating that enough had been done to enable them to proceed themselves in the matter. He had been hopeless of seeing the digest completed at all, when the late Government promised to give immediate attention to the subject. Then came the question how they were to proceed, and it was suggested that instead of proceeding with the whole digest in one Bill, it might be considered and adopted piecemeal—that first one chapter should be taken, and then another, until the whole digest should be passed into law. The noble and learned Lord opposite (Lord St. Leonards) then took up that chapter which he (Lord Brougham) thought was the most im- portant, namely, that relating to offences against the person. He did not understand that the noble and learned Lord abandoned the other Bills, but that, beginning with this measure, he intended to introduce others afterwards. He would fain hope, therefore, that there would be no difficulty in following up the enactment of the first chapter by the enactment of others, and that the result would be, that before the end of the Session such a clearly digested view of the criminal law of this country would be provided as would suffice to inform, authoritatively and distinctly, the subjects of the Crown what those laws were to which their obedience was exacted under such high punishments. He did not think that it would, upon the whole, be desirable to postpone the operation of any part of the digest until the whole was completed.

Bill lead 2a; and, with the Chancery Suitors' further Relief Bill, the Lunacy Regulation Bill, the Lunatic Asylums Bill, the Lunatics Care and Treatment Bill, and the Bankruptcy Bill, referred to a Select Committee.