SECOND READING. (Hansard, 29 July 1887)

THE SECRETARY FOR SCOTLAND (The Marquess of LOTHIAN),

in moving that the Bill be now read a second time, said, that it was intended to simplify the proceedings in criminal prosecutions in Scotland. It was proposed to make alterations in various ways, two or three of which he would mention. First, it was proposed to dispense with the present form of indictment, which set forth the offence charged in the most elaborate form. In old days, when the principles of the Criminal Law were developing, these indictments might have had their use; but there was no reason why they should not now be made more intelligible. Another principal point was with respect to the system of trial of prisoners which had been found beneficial in Sheriff Courts in Scotland, and which it was now proposed to extend to all Courts of Justiciary in Scotland. Under the system referred to there were two "Diets" or sittings of the Court, the first of which was called the "Pleading Diet," when the accused person was called upon to plead to the charge made against him. The result was that when a prisoner pleaded guilty the Sheriff decides upon the case at once, and thus all the expense and trouble of the second "Diet," with the attendance of witnesses, were saved, and all necessity for summoning a jury was avoided. A further object of the Bill was to carry out the recommendation of the Royal Commission, and enable the whole of the 13 Judges in Scotland to sit in criminal cases. The Bill provided that a certain amount of increased salary should be given to those Judges whose duties were increased. The Bill made a further alteration in Scottish law with regard to proof of previous convictions. Under the present system no previous conviction could be tendered against an accused person unless it was for the same offence as the charge then being investigated. 515 The result was that a criminal who merely changed the nature of his offence could not have previous convictions brought against him. The Bill had been received with universal favour by the various legal bodies in Scotland.