ASSIZES AND QUARTER SESSIONS BILL. (Hansard, 27 May 1908)

§ LORD ALVERSTONE
My Lords, I rise to move the Second Reading of this Bill, 1057 the object of which is to dispense with the attendance of jurors at assizes and quarter sessions, and with the holding of assizes and quarter sessions in certain cases. It has sometimes happened, particularly in the Principality of Wales, that twenty-four grand jurors, and generally forty or fifty petty jurors, have been summoned and kept about the town probably for a whole day at great in convenience when there have been no prisoners for trial. I have been asked by more than one high sheriff whether arrangements could not be made in the event of there being no prisoners for trial, although there may be other business, that jurors should not be summoned. After consultation with Mr. Justice Channell and other learned Judges, I provide in the Bill that if, in the case of assizes, there is no prisoner committed for trial within five days, then notice should be sent to the jurors that they need not attend. Of course, if there was other business to be transacted by the grand jurors they could meet. It only is necessary to provide for what may happen during the five days. Where a prisoner may be committed for trial, the Bill provides that he can be committed to a future quarter sessions of the county or a future assizes. If a speedy trial is desired the prisoner can be committed for trial to an adjoining quarter sessions or assizes. My attention has been called by one noble Lord to the fact that it would be very inconvenient if many cases were sent from one county to a neighbouring quarter sessions, but I can assure the House that it is only intended that power to commit to another sessions should be given during the period of five days. If that is not quite clear I shall be pleased to make it so in Committee. It is very rarely indeed that there are no prisoners at an assizes. In my experience it has only happened once in ten years, and that was in the City of York and had nothing to do with the county assizes of York. But every now and again in North and South Wales it does happen that there are no prisoners for trial. Therefore I provide that the Bill shall apply to assizes. With regard to indictment which may be presented independently, of previous proceedings before magistrates the Bill provides that five days notice should be given of the intention. I am sure the Bill if passed 1058 will relieve a considerable number of small farmers and tradespeople in the country. I need hardly say that this is not in any way a party measure. I hope His Majesty's Government will support the Bill, and if the clauses do not carry out what I have stated to be their object I will gladly consider Amendments in Committee.

§ THE LORD CHANCELLOR (Lord LOREBURN)
My Lords, the principle which the most noble Lord has recommended, namely, that jurors shall not be unnecessarily summoned when there is no business for them to do, is one so eminently reasonable that it does not seem to require much commendation. As to the machinery of the Bill I have no criticism to offer, but if a little time is allowed the Home Office may have some questions to ask, or some Amendments to suggest. But there is nothing at all in the principle of the Bill but what I most heartily agree to.

§ LORD BELPER
My Lords, I am in entire sympathy with the Bill which the noble and learned Lord has introduced. I happen to-have been a chairman of quarter sessions for a great many years, and it has frequently been my lot to try to explain to jurymen that they were not called together unnecessarily, and that I had no option except to call them. That is always a very unpleasant duty for a chairman of quarter sessions to have to perform. It would, however, be extremely inconvenient that there should be many cases sent from one county to a neighbouring quarter sessions, and I am glad that point has been made clear. It may be necessary to make some provision for expense that might be incurred by neighbouring sessions in this connection. Subject to these remarks I cordially support the Bill, which, I think, will do away with a considerable cause of grumbling among grand and petty jurors.