HL Deb 12 August 1907 vol 180 cc767-9

Amendments reported (according to order.)


said there were certain Amendments which he had put down at this stage, but they were merely in order to comply with the promise he gave in Committee in regard to the Amendment of the Rule-making clause.


asked the noble and learned Lord whether he thought it would be competent for the Rule-making authority to make a provision to explain or regulate the working of Section 8 of the Bill, The Lord Chancellor had indicated to him that Section 8 gave ample powers for asking Judges to give a report and also their opinion. He had indicated to the noble and learned Lord that he did not think Section 8 was absolutely complete and satisfactory and that he was determined to move Amendments at this stage. He, however, made up his mind subsequently not to do so, but to leave it entirely at the mercy and discretion of the Lord Chancellor. He would be glad to know if the Lord Chancellor thought Section 8 was complete, and if in making rules there would be power to ask for the views of the Judges at the criminal trial, and also at the same time to be furnished with their opinion.


It seems to me that under Section 8 the Chairman of the Court can, if he likes, under all the circumstances, make a report and that also if the Court of Criminal Appeal wants his opinion they can unquestionably have it under Section 8 as it stands. There is, therefore, absolute power both for him to give and for them to require. The rules of the Court so prescribe the method in which notes are to be prepared and in which the report is to be furnished if it is asked for. I do not think the clause really requires amendment in the sense in which my noble friend asks.

Amendments moved— In page 11, line 18, to leave out the words 'The Rule Committee under this Act may make.' Line 19, to leave out the words 'thereof, and rules' and insert the words 'of this Act shall be made, subject to the approval of the Lord Chancellor, by the Lord Chief Justice and the Judges of the Court of Criminal Appeal, or any three of such Judges, with the advice and assistance of the Committee hereinafter mentioned. Rules.' Line 30 to leave out from the beginning of Subsection (2) to the first 'a' in line 32 and insert the words 'The Committee hereinbefore referred to shall consist of.' Line 39, to leave out the words 'for such time' and insert the words 'The term of office of any person who is a member of the Committee by virtue of appointment shall be such.' Line 41, to leave out the words 'The Rule Committee may act by any five of their number.'"—(The Lord Chancellor.)

Bill to be read 3a on Friday next; and to be printed as amended. (No. 169.)