SECOND READING. (Hansard, 9 May 1905)

§ THE LORD CHANCELLOR (The EARL of HALSBURY)

My Lords, in moving the Second Reading of this Bill I do not think it will be necessary to detain your Lordships at any length. Your Lordships are aware that there is no Court of Appeal in criminal cases, strictly so-called, in this country. But an Act of Parliament which is not very old provided that if a learned Judge felt that there was some question of law, as distinguished from a question of fact, that required deliberate discussion in a Court appropriate to the purpose, he should have power to reserve such a question, that a new Court should be constituted for Crown Cases Reserved, and that this Court should have certain powers given to it—power to set aside the conviction, and power, I think, to order a new trial. But a question has arisen. It is very unusual, I believe I may say almost unexampled, for any one of His Majesty's Judges to refuse to reserve a question which is really a question that could properly be argued. 1298 Yet sometimes Judges who are not of the status of His Majesty's Judges are a little jealous of their decisions being made the subject of inquiry, and it has sometimes happened that a Judge has refused to reserve a point. Your Lordships are aware that a great number of persons, chairmen of quarter sessions, Recorders, and others, are included in the description of Judges who have power to reserve these points. A remarkable case has occurred and has given rise to much discussion. I have no desire to express an opinion on that particular case, whether the learned Judge was right or wrong in the matter. But it is thought that it is very undesirable to leave it to the discretion of a learned Judge uncontrolled, even including His Majesty's Judges; that it is desirable to make it compulsory, upon the order of the Court, that they shall reserve a question of law. Accordingly, the view has been entertained that, instead of this power being permissive, if an application is made to the Court of King's Bench upon material sufficient in their view they shall order the learned Judge to reserve the point of law. That is, in effect, the whole of the amendment to the Act of Parliament which is suggested in this Bill. I think that the general object of the Bill is one to which your Lordships will give your consent. There may be some discussion in Committee, when we come to the questions of under what circumstances and under what regulations and restrictions this power should be exerised by the Court of King's Bench. But I think your Lordships will agree that the Bill should be given a Second Reading.