§ Sir A. Wilsonasked the Secretary of State for the Colonies whether he can 871W state in what Crown colonies, protectorates, and mandated territories persons accused of criminal offences who might, on conviction, be sentenced to death are refused leave to be heard by counsel, distinguishing between those in which the rule is statutory and a matter of practice, respectively; and in what Crown colonies, protectorates, and mandated territories any provision exists whereby legal advice or practical assistance of any sort is afforded under poor persons rules to defendants to assist them in preparing their defence against charges brought under Crown indictments?
§ Mr. Ormsby-GoreAs a result of inquiries made since my hon. Friend asked a question on this subject in April, 1936, I have ascertained that persons on trial on a capital charge may be represented by counsel in all territories throughout the Colonial Empire with the exception of the Somaliland Protectorate, certain native courts in the protectorate of Nigeria and in the State of Perlis in the Malay Peninsula. In the two first cases the position is governed by native practice and custom; in the third case it is a matter of law. With regard to the second part of the question, it is the practice in all territories that free legal advice and assistance should be made available, wherever possible, in cases such as my hon. Friend contemplates. The only exception is the State of Kelantan, Malaya, where the necessary provision has not been made.