LORD BROUGHAMpresented petitions from the magistrates of Carlisle and of the county of Cumberland, and from John Fawcett, Esq., a magistrate, of great experience in the administration of the criminal law in that county, praying for alteration in the mode and time of taking pleas of prisoners charged with larceny. The petioners pointed out that, according to the latest returns of the whole number of prisoners brought to trial at each assize in that county, between one-third and one-fourth immediately pleaded guilty on being placed at the bar, and that these, nevertheless, caused just as much expense to the county as those prisoners who pleaded not guilty, and stood their trials, inasmuch as the whole cost of getting up the prosecution had to be incurred to precisely the same extent; and suggested as a remedy that courts of petty sessions should be empowered to receive pleas of guilty, after which prisoners so pleading might be brought up for judgment at the assizes without any further proceedings. The noble and learned Lord said he had been desired by the petitioners to introduce a Bill into their Lordships' House on the subject, but he had declined, thinking that, probably, the noble and learned Lord on the woolsack would be prepared to undertake the subject; and, if not, that as it would be one greatly affecting the county magistracy, a Bill would be more fittingly introduced by a private Member in the other House, which was composed in a great measure of country gentlemen engaged in the administration of justice.
THE LORD CHANCELLORsaid, he must decline to undertake to bring in a Bill upon this subject, because the matter was one of the very greatest importance, with which it would not become any Government to deal without full and careful consideration. It seemed at the first blush very reasonable that, when a prisoner was brought before a magistrate, he should be allowed, in order to save expense, to plead 847 guilty once for all; but was there not some danger that a prisoner might occasionally be induced to plead guilty, with the fear of the magistrate before his eyes, when in reality he might not be guilty of the exact crime which was laid to his Charge? At the same time the subject was one which deserved consideration; and he could assure his noble and learned Friend that, although doubts had been thrown upon the expediency or the feasibility of carrying into effect the recommendations of the Commission upon the codification of the criminal law, he did not think the same difficulties were likely to apply to the code of procedure which the Commissioners had suggested. The subject of these petitions belonged to the latter branch of the question, and no doubt had engaged the attention of the Commissioners, though he was not able at that moment to say that it actually formed part of their Report.
LORD BROUGHAMasked the noble and learned Lord if he had any objection to lay on the table of the House a copy of the letter which he had lately received from two of the learned persons engaged in the project of codification of the criminal law, commenting on the answers lately received from the Judges with reference to that project?
THE LORD CHANCELLORsaid, it was not his intention to lay upon the table a copy of the letter which he had received from Mr. Graves and Mr. Lonsdale, the assessors to the Commissioners upon Criminal Law Consolidation, with reference to the opinions of the Judges upon that measure. The letter was a private one, and though it was written with great ability, and in a perfectly respectful manner, yet he did not think it would be quite consistent with his duty to lay before their Lordships a sort of running commentary upon all the Judges had stated, in their character as Judges, for the guidance of the House. What he proposed to do was, to refer the opinions delivered to their Lordships by the Judges to the Select Committee upon the Bill, and then to have Messrs. Graves and Lonsdale examined as witnesses before the Committee, and they would then have an opportunity of making whatever explanation they had to offer with regard to the objections urged by the Judges.