Page images
PDF
EPUB

BILLS; 1878.

-. 323

Elementary Education Provisional Order Confirmation (Portsmouth): 179. Bill to confirm a Provisional Order made by the Education Department under

“ The Elementary Education Act, 1870,” to enable the School Board for Portsmouth to put in force “The Lands Clauses Consolidation Act, 1845," and the Acts amending the same

p. 455

945

Employers' Liability for Injury: 11. Bill to amend the Law relating to the Liability of Employers for Injuries negligently caused to Persons in their Employment

- 459 Endowed Schools and Hospitals (Scotland) [H.L.] : 157. Bill, intituled, An Act to amend the Law relating to Endowed Schools and Hos-pitals, and other Endowed Institutions in Scotland; and for other Purposes

463 Entail Amendment (Scotland) [H.L.]: 158. Bill, intituled, An Act to further amend the Law of Entail in Scotland 471

Entails and Settlements Limitation :
Bill to restrict the Power of Entailing and Settling Land and other Property 475

Epping Forest : 1 88. Bill for the Disafforestation of Epping Forest and the Preservation and Manage

ment of the Uninclosed Parts thereof as an Open Space for the Recreation and Enjoyment of the Public; and for other Purposes

481 226. Same [as amended by the Select Committee]

521 280. Lords’ Amendments

561

[ocr errors]

Exchequer Bonds (1,000,000 l.):
Bill to raise a Sum by Exchequer Bonds, for the Service of the Year ending on the

Thirty-first day of March One thousand Eight hundred and Seventy-eight 565

Exchequer Bonds and Bills (6,000,000 l.): 107. Bill to raise a Sum by Exchequer Bonds, Exchequer Bills, or Treasury Bills 569

Exchequer Bonds (No. 2): 186. Bill to raise a Sum by Exchequer Bonds, for the Service of the Year ending on the

Thirty-first day of March One thousand Eight hundred and Seventy-nine 573

[ocr errors]

Exchequer Bills and Bonds (No. 2):
Bill to raise a Sum by Exchequer Bonds, Exchequer Bills, or Treasury Bills, for

the Service of the Year ending on the Thirty-first day of March One thousand
Eight hundred and Seventy-nine -

577 Expiring Laws Continuance: 286. Bill to continue various Expiring Laws

581

Vol. II.-Sess. 1878.

Α.

B I L L

TO

Establish a Court of Appeal in Criminal Cases.

A.D. 1878.

W!

HEREAS it is expedient to establish a Court of Appeal to

review the judgments of courts of criminal jurisdiction in England :

Be it enacted by the Queen's most Excellent Majesty, by and 5 with the advice and consent of the Lords Spiritual and Temporal,

and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. It shall be lawful for Her Majesty by Letters Patent under Power to the Great Seal to erect and constitute a court to be styled the Court of

constitute a 10 Court for Criminal Appeals, and to appoint three judges of the Criminal said Court, to be called the Lords Justices for Criminal Appeals. Appeal

, and And such judges shall hold their office for life, in like manner as judges, the judges of the High Court of Judicature, excepting the Lord salaries, and

Chancellor. And the Lords Justices for Criminal Appeals shall pensions. 15 receive salaries of five thousand pounds annually, and shall be

entitled to the same amount of pensions on retirement as the Lord Chief Justice of the Queen's Bench division of the High Court is entitled to. 2. The said Court for Criminal Appeals shall have jurisdiction Jurisdiction

of the Court. on writs of error and petitions of appeal from the Queen's Bench 20

division of the High Court of Justice, and all inferior criminal courts in all cases of sentence of death, or in cases involving penal servitude without previous convictions, and in other cases where

the Court below shall allow a writ of error or petition of appeal 25

to the said Court of Appeal, and no writ of error shall lie from the Court of Queen's Bench division of the High Court to Her Majesty's Court of Appeal.

3. Writs of error to the said Court of Appeal shall issue ex Writs of debito justitiæ without the consent, warrant, or fiat of the Attorney

error to issue

ex debito 30 General or the consent of the Crown.

justitiæ. 4. Petitions of appeal shall be in such form as the said Court Petitions of of Appeal shall from time to time order and direct, and shall state appeal. the grounds of such appeal, and shall pray that the conviction

A.D. 1878. appealed from may be quashed and judgment entered for the

appellant, or that a new trial may be granted and directed, or that the judgment of the Court below may be varied, according to the

prayer of such petition. New trials. 5. In every case in which such petition of appeal shall pray for 5

a new trial, the case shall be heard by the Court of Appeal on a rule to show cause, in like manner, or as near as may be, as appli

cations for new trials are heard and decided in civil cases. Alteration of 6. In all cases in which the petition of appeal prays for any sentence of the Court

alteration in the sentence of the Court below, it shall be lawful for 10 below. the prosecutor respondent in such appeal to move for, and the Court

of Appeal to direct, any alteration of such sentence, by way of
diminution or increase of the punishment awarded by the Court
below; and in all cases the Court of Appeal shall make such altera-
tion, if any, as the said Court of Appeal may deem most in accordance 15

with the law and the facts of the case. New evi. 7. It shall be lawful for the Court of Appeal to receive in any dence before the Court of appeal, and for the Court before which any new trial shall be Appeal. directed, to receive on such new trial, evidence either for the

defence or for the prosecution which was not produced before the 20

Court below. Examination 8. It shall be competent for the appellant, on the hearing of of appellant.

any appeal under the provisions of this Act, or on any new trial
directed under such provisions, to offer himself to be examined
and cross-examined and re-examined in such appeal or new trial, 25
and he shall or may be examined and cross-examined and re-exa-
mined accordingly, and both the questions and the answers in such
examination and cross-examination and re-examination shall be ac-
curately taken down by a shorthand writer and read to the
appellant; and it shall be competent for such appellant, by himself, 30
or his counsel or agent or solicitor, to apply to the Court to correct
or alter such shorthand writer's reports of the evidence, and the
Court shall decide whether such correction or alteration shall be
made, and to make such correction or alteration, either on the
ground of error in the report or on the ground that the appellant 35
was unduly pressed, and thereby prevented from answering with
due deliberation and correct recollection; and if an appellant does
not tender himself for examination and cross-examination, he
shall not be prejudiced thereby; and whenever an appellant is
examined or examined and cross-examined or re-examined at the 40
hearing of any appeal under the provisions of this Act, the short-
hand writer's report of the evidence of such appellant shall be read

of the

and received in evidence in any new trial directed by the Court of A.D. 1878. Appeal in the case of such appellant. Provided that no appellant shall be examined or cross-examined as to character nor asked any

question as to any previous conviction, or any previous charge or 5 accusation or suspicion against such appellant. And no appellant

shall be compelled or required to answer any question which may criminate himself in respect of any other matter than that which is the subject of the appeal.

9. No sentence of any criminal court shall be executed while an Execution of 10

appeal from such sentence shall be pending under the provisions of sentences to this Act, provided that such appeal shall be prosecuted with due while the diligence. And it shall be competent for the respondent in any appeal is

pending such appeal to apply to the Court of Appeal to dismiss such appeal

on the grounds of want of due diligence in the prosecution of such 15 appeal; and if it shall appear to the said Court that such appeal is

used for the purpose of delay, then the said Court shall dismiss such appeal, and order the sentence of the Court below to be executed.

10. shall be lawful for the Court below and the Court of Safe custody 20 Appeal, or either or both such Courts, to make such orders as may

appellant. be necessary for the safe custody of the appellant while such appeal is pending, or as soon as notice of such appeal is given, and to order such appellant to be detained in custody or released on suffi

cient bail. 25 11. It shall be lawful for the said Court of Appeal to make such Power to

rules and orders to regulate the practice and proceedings of the make rules said Court, and all matters relating thereto, and for all purposes required for carrying into effect the provisions of this Act, as to

them may appear necessary or useful, and from to time to repeal, 30 amend, or vary such rules and orders, and to make new rules and

orders for such purposes as aforesaid ; and all such rules and orders as aforesaid shall be of the same force and effect as if they had been included in and part of this Act.

12. The said Court of Appeal shall be deemed to beand shall be The Court 35 for all intents and purposes a court of record, and shall have and of Appeal to

enjoy all the powers and privileges appertaining or belonging to a record. court of record, and shall have all the powers whatsoever appertaining or belonging to any criminal court in the kingdom.

13. The said Court of Appeal shall have the power, with the Power to 40 consent of the Lords Commissioners of the Treasury or of the Lord

appoint

officers. High Treasurer, as the case may be, to appoint from time to time such registrars, clerks, ushers, doorkeepers, and other officers of

be a court of

« PreviousContinue »