HL Deb 14 June 1906 vol 158 cc1096-8

Order of the Day read for the adjourned debate on the Motion for the House to resolve itself into Committee.

House in Committee (according to Order).

[The Earl of ONSLOW in the Chair.]

THE CHAIRMAN OF COMMITTEES (The Earl of ONSLOW)

I should like to know whether, in view of the new Clause I., which the noble and learned Lord the Lord Chancellor intends to move, the noble Lords who have Amendments on the Paper to Clause 1 wish to persevere with those Amendments.

THE EARL OF HALSBURY

What I would suggest is that the new Clause 1 standing in the name of the Lord Chancellor should take the place of the present Clause 1, and that the Bill should be reprinted in that form. We should then have it before us in a complete form.

THE LORD CHANCELLOR

Amendments to Clause 1 in its present form have been placed on the Paper by noble Lords opposite. I would suggest to the Committee that the new clause of which I have given notice, in substitution for Clause 1 should be agreed to. I may say that I am not specially enamoured of the drafting of the substituted clause, and if noble Lords think it needs amendment in order to carry out the common purpose we all have in view, Amendments can be moved either in the Standing Committee or on Report.

THE EARL OF HALSBURY

I have no objection to that course being taken.

Clause 1:—

THE LORD CHANCELLOR

I now propose the Amendment standing in my name.

Amendment moved, — To leave out Clause 1, and to insert as a new clause:—' 1.—(1) A person convicted on indictment may appeal within the time provided by this Act to the Court of Criminal Appeal against his conviction on any ground of appeal which involves a question of law alone; and with the leave either of the court before whom he is convicted or of the Court of Criminal Appeal on any ground of appeal which involves a question of fact alone or of mixed law and fact. (2) A person convicted on indictment may also appeal within the time provided by this Act to the Court of Criminal Appeal against the judgment (other than judgment of death) passed on his conviction on the ground of illegality, or unless the judgment is one fixed by law of undue severity. (3) If on any such appeal the court are of opinion that the appeal ought to be allowed, the court shall: (a) If the appeal is an appeal against conviction, and the courtare of opinion that the appeal ought to be allowed on the ground only that though there was evidence proper to be submitted to the jury, yet the verdict of the jury was against the weight of evidence, direct a new trial of the case; and (b) In any other case, as the case requires, either quash the conviction and direct a judgment of acquittal to be entered, or quash the judgment passed at the trial, and pass such other judgment in substitution therefore as they think ought to have been passed. (4) If on any such appeal the court are of opinion that the appeal should be dismissed, the court shall dismiss the appeal accordingly.' "—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clauses 2 to 6 agreed to.

Clause 7:—

THE LORD CHANCELLOR

As a consequence of the alteration that has been made I propose the omission of Subsection 1. This subsection provides that— Writs of error, and the powers and practice now existing in the High Court in respect of motions for new trials, or the granting thereof in criminal cases, are hereby abolished (and save as provided by this Act, no appeal shall be from any judgment of the High Court in any criminal cause or matter). My reason for moving the omission of this subsection is that appeal on questions of fact is hereafter to be with permission. There are certain appeals now allowed without permission, and certain appeals are also allowed at present by the fiat of the Attorney-General, and may come up even to this House. I propose to leave those ancient privileges of appeal untouched.

Amendment moved— In page 5, lines 13 to 17, to leave out Subsection (1)."—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 7, as amended, agreed to.

Remaining clauses agreed to.

THE EARL OF HALSBURY

I hope that before the next stage is taken the Bill will be re-printed, sothat when it does come on again we shall have the complete Bill in our hands.

THE EARL OF ONSLOW

The noble and learned Earl suggests that the Bill should be re-printed before it goes to the Standing Committee?

THE EARL OF HALSBURY

Yes.

THE LORD CHANCELLOR

I agree.

Bill recommitted to the Standing Committee; and to be printed as amended. (No. 116.)