HL Deb 08 June 1905 vol 147 cc1057-9

House in Committee (according to Order).

[The Earl of ONSLOW in the Chair.]

Clause 1.

LORD ALVERSTONE

said the Amendments standing in his name, to which he understood the Lord Chancellor agreed, were for the purpose of rendering the Bill more workable.

Amendments moved— In Clause 1, page 1, line 8, after the word 'apply ' to insert the words 'within such time as may be fixed by rules of Court'; and in line 22, after the word 'section' to insert the words 'and the Court may make such order as to the custody or admission to bail of the prisoner as they think necessary.'"—(Lord Alverstone.)

THE LORD CHANCELLOR (The Earl of HALSBURY)

I accept the Amendments.

On Question, Amendments agreed to.

Clause 1, as amended, agreed to.

Clause 2.

LORD ALVERSTONE moved to add, at the end of Clause 2 (Extension of Powers of Court of Crown Cases Reserved), the words in his Amendment.

Amendment moved— In Clause 2, page 2, line 7, after the word 'convicted' to insert the words 'and if the Court order a retrial of the case, they may make such order as to the custody or admission to bail of the prisoner and the renewal of the recognisances of the witnesses pending the retrial as they think necessary to meet the circumstances of the case.'"—(Lord Alverstone.)

THE LORD CHANCELLOR

I accept the Amendment.

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

LORD ALVERSTONE moved to insert a new clause after Clause 2. He explained that it enabled the Court, where they thought it desirable, to certify, in any case stated under the Crown Cases Act, 1848, that the prisoner might have legal aid. This power existed in other cases, and it was thought advisable by Judges and members of the Bar that the provision should also be made in cases under the Crown Cases Act.

Amendment moved— After Clause 2, to insert as a new clause the words, 'Where it appears to the Court on the hearing of any case stated under the Crown Cases Act, 1848, whether in pursuance of this Act or otherwise, that it is desirable that a prisoner should be represented by counsel, the Court may, if they think fit, certify that the prisoner may have legal aid, and the expenses of such legal aid may be allowed and paid in the same manner as the costs for the prosecution are paid, subject to any rules which may be made for the purpose under the Prosecution of Offences Act, 1879, and to any regulations as to the rates or scales of payment which may he made by a Secretary of State.'"—(Lord Alverstone.)

On Question, Amendment agreed to.

Clause 3 agreed to.

LORD ALVERSTONE moved to insert a new clause to enable Rules of Court to be made under the Act.

Amendment moved— After Clause 3, to insert as a new clause, the words, 'Rules of Court made under Section 17 of the Supreme Court of Judicature Act, 1875, may regulate generally the practice and procedure under this Act.'"—(Lord Alverstone.)

On Question, Amendment agreed to.

Clause 4 agreed to.

THE LORD CHANCELLOR,

in moving the insertion of two new clauses at the end of the Bill, explained that there were certain things which must be done during quarter sessions, and that if they were not so done power to do them was gone. It had been foreseen that if this Bill came into operation without some such provision as that contained in his proposed new clauses there might be a difficulty in allowing persons out on bail.

Amendment moved, to insert the following new clauses— (A.) "Where a Court of quarter sessions reserve a question of law under the Crown Cases Act, 1848, any recognisances may, subject to any rules made under Section 29 of the Summary Jurisdiction Act, 1879, be taken out of Court before any justice of the peace, or where any of the parties is in prison before the governor or other keeper of the prison, and the same consequences of law shall ensue as if the recognisances had been entered into before the Court of quarter sessions by which the question of law was reserved. (B.) "Where on the hearing and determining of a question of law with respect to which a case is stated under the Crown Cases Act, 1848, whether in pursuance of this Act or otherwise, the judgment of the Court stating the case is affirmed, any sentence of penal servitude or imprisonment on the person convicted shall begin to run, in the case of a person admitted to bail from the date of his subsequent reception into prison, and in the case of a person committed to prison under sentence and not admitted to bail from the date on which he is so committed."—(The Lord Chancellor.)

On Question, Amendment agreed to. Bill re-committed to the Standing Committee; and to be printed as amended. (No. 107.)