§ Order of the Day for the Third Reading read.
§ THE LORD CHANCELLORMy Lords, I beg to move that this Bill be now read a third time. I think it is unnecessary that I should add anything to what was said two days ago when it was read a second time. But I should like to state that in order to meet the useful criticisms from the noble and learned Earl, Lord Halsbury, an Amendment will be proposed after the Third Reading for the purpose of providing that if the indictment does not obey the exact geometrical measurements contained in the Bill none the less it shall not fail.
§ Moved, That the Bill be now read 3a.—(The Lord Chancellor.)
§ On Question, Bill read 3a.
§ Clause 2:
§ Powers of rule committee.
§ 2.—(1) There shall be established for the purposes of this Act a rule committee consisting of the Lord Chief Justice of England, a judge of the High Court, a chairman of quarter sessions, a clerk of assize, a clerk of the peace, and another person having experience in criminal procedure, appointed in each case by the Lord Chief Justice.
§ (2) The rule committee shall have power from time to time, subject to the approval of the Lord Chancellor, to make rules varying or annulling the rules contained in the First Schedule to this Act and to make further rules 592 with respect to the matters dealt with in those rules, and those rules shall have effect subject to any modifications or additions so made.
§ (3) Any rules made by the rule committee shall be laid as soon as may be before both Houses of Parliament and if within forty days on which either House has sat since the rules were so laid before the House a petition is presented to His Majesty praying that the rules or any part of them may be annulled His Majesty may thereupon by Order in Council annul the same, and the same shall thenceforth be void, but without prejudice to the validity of anything done thereunder.
§ (4) The term of office of any person who is a member of the committee by virtue of appointment shall be such as may be specified in the appointment.
§ THE LORD CHANCELLORThe first Amendment is in subsection (1) of Clause 2, after "sessions," to insert "a Recorder." This is with regard to the constitution of the Committee to revise the rules. Although a Chairman of Quarter Sessions and a Clerk of Assize are included, no reference is made to a Recorder, and as the Recorder has control over the Borough Sessions I am sure you will agree that it is desirable to have a Recorder on the Committee as well as a Chairman of Quarter Sessions and a Clerk of Assize.
§
Amendment, moved—
Clause 2, page 1, line 12, after ("sessions") insert ("a recorder"),—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ First Schedule:
§ THE LORD CHANCELLORThe next Amendment is to provide, as I said just now, that an indictment shall not be open to objection by reason only of any failure to comply with paragraphs 2 and 3 of these Rules. [These paragraphs required that—(2) Each sheet on which an indictment is set out shall be not more than 12 and not less than 6 inches in length, and not more than 14 and not less than 12 inches in width, and if more than one sheet is required, the sheets shall be fastened together in book form. (3) A proper margin not less than 3 inches in width shall be kept on the left-hand side of each sheet.]
§ Amendment moved—
§
First Schedule, page 5, line 18, at end insert:
(6) An indictment shall not be open to objection by reason only of any failure to comply with paragraphs (2) and (3) of this rule.—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Bill passed, and sent to the Commons.