HC Deb 10 December 1925 vol 189 cc722-3W
Mr. D. GRENFELL

asked the Home Secretary whether he is aware that the Poor Persons' Defence Act, 1903, gave no right to any legal aid to a poor prisoner as a matter of right, as is given in foreign countries, but only as a matter of discretion, and the refusal of legal aid to a poor prisoner under the Act gives no right to an appeal; and whether, as that discretion is not allowed to be exercised in favour of any poor prisoner in, the Police Courts, and can only be exercised in the higher Criminal Courts when five conditions are existing, and as the Report of the Special Committee on the Poor Prisoners Bill (Cmd. 264) expressed the opinion that incompetent, inexperienced and unpaid counsel and solicitors were worse than .useless, and recommended that the expense of the defence of poor prisoners, including the cost of solicitors and counsel, should be allowed and paid, he will consider whether any thing can be done, during the unavoidable delay before the Committee presided over by Mr. Justice Finlay can report, with regard to the position of poor persons in all the Criminal Courts, so as to make the present practice in such Courts, as to such prisoners, conform to the existing law and Constitution?

Sir W. JOYNSON-HICKS

I under stand that the Committee intend to present an interim Report dealing with the criminal side of their inquiry. I must await the result of their deliberations.

Lord H. CAVENDISH-BENTINCK

asked the Attorney-General whether he can supply any figures to show how many certificates have been granted within the last five years under Section I of the Poor Persons' Defence Act, 1903, by committing Justices, by Judges of Courts of Assize, or Chairmen of Quarter Sessions; and whether he can give any figures showing how many applications by prisoners for legal aid under the same Act have been refused and the grounds upon which they have been refused?

Sir W. J0YNSON-HICKS

I have been asked by my right hon. Friend to reply. The information desired is not in my possession and it would be difficult, if not impossible, to obtain and supply it, even if much time and trouble were expended in trying to do so.