LORD BROUGHAMasked the noble and learned Lord on the woolsack when he would introduce his promised Bill for increasing the number of circuits?
THE LORD CHANCELLORsaid, that ever since the noble and learned Lord directed the attention of their Lordships to the subject of criminal procedure, he had had the matter constantly in view, and at the present moment a Bill was in course of preparation for carrying out the main part of the noble and learned Lord's recommendations, namely, an extension of sessions and assizes. There was no difficulty whatever with regard to the sessions; but the question of the assizes was not so easy of settlement. The Judges were not only willing, but extremely anxious to carry out the suggestions of the noble and learned Lord; but still the subject was surrounded with difficulty, though he hoped that difficulty would be overcome. That very morning he received an elaborate report from Mr. Bellenden Ker as to the mode in which the proposed alteration could be introduced immediately after Michaelmas term. That report did not, however, exactly agree with the plan of the Bill which had been prepared, and some alterations would have to be made in it. He would lay the report before Mr. Graham, a gentleman of great 1536 ability and experience, whom he had instructed to prepare a Bill on the subject, and would take care to bring forward the measure as soon as possible.
LORD CAMPBELLsaid, he would suggest that his noble and learned Friends in that House would obtain the best possible information as to the working of our system of criminal jurisprudence if they would themselves go as Judges of assize, and assist in delivering the gaols. They were now members of the Central Criminal Court, and he saw no reason why they should not be called upon to aid in the administration of criminal justice in the provinces as well as in the metropolis. He would especially suggest to his noble and learned Friend opposite (Lord Brougham) that he should go upon the northern circuit in the December assizes.
LORD BROUGHAMfelt assured that the suggestion of his noble and learned Friend was made in the most kindly and courteous spirit; but he could not comply with it for two reasons—in the first place, because he was unwilling to interfere with what was now so admirably done by his noble and learned Friend (Lord Campbell) and the reverend Judges now upon the bench; and, in the next place, because he really had not health and strength left to undergo labours which he knew to be very arduous. He was, however, ready and willing to do anything short of going circuit himself or of asking his noble and learned Friend (Lord Lyndhurst) to attend the winter assizes, in order to prevent the grievous scandal which arose from the fact that 6,200 persons had been acquitted either upon trial or for want of prosecution, many of whom, upon an average, had suffered an imprisonment of sixty days before trial, although they were guiltless; while, in the case of sessions, many of the persons charged with offences had suffered five or six weeks' incarceration before trial. In many instances persons who were convicted, and who had suffered imprisonment for such a period before trial, were punished by imprisonment for some four or five weeks, and the consequence was, either that these persons were punished by five or six weeks' imprisonment more than they ought to undergo, or they were sentenced to less punishment than they would otherwise receive in consequence of the period of their imprisonment before trial, and the effect of the punishment was thus lost upon society.