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Thomas Fernsley Figgis, B.A.
(Mod.), (T.G.D.),
"Lurgan", Erskine Avenue, Greystones, Go.
Wicklow.
Paul D. Guinness, B.A.
(Oxon.), Tibradden,
Rathfarnham, Go. Dublin.
Michael Kelly, New Park Lodge, Rathowen, Go.
Westmeath.
Richard Victor Lovegrove, "Bromleigh", 33 Gran-
ville Park, Blackrock, Co. Dublin.
Cornelius Leo McCarthy, B.G.L. (N.U.I.), Muns-
ter and Leinster Bank House, Crumlin Cross
West, Dublin.
William J. Montgomery, "Leigh House", New-
townpark Avenue, Blackrock, Co. Dublin.
Peter F. R. Murphy, West End, Bundoran, Go.
Donegal.
Maire Noonan, Athboy, Go. Meath.
Hugh B. J. O'Donnell, B.A. (T.G.D.), 6 Sydney
Parade Avenue, Dublin.
John C. O'Donnell, Jr., 43 Greenfields Road,
Newcastle, Go. Galway.
Brendan O'Mahony, Newlands Road, Clondalkin,
Go. Dublin.
Michael
J. O'Shea, B.C.L.
(N.U.I.), Francis
Street, Kilrush, Co. Clare.
William B. R.
B.
Somerville, B.A.
(Mod.),
(T.C.D.), 83 Ailesbury Road, Dublin.
Mary Flanagan, Mount Carrnel, Moyle Park,
Clondalkin, Co. Dublin
(Sedn O hUadhaigh
Memorial Prize, 1966).
WHY NOT THE DIPLOMATIC SERVICE?
Third Secretaries (2) required in the Department
of External Affairs. First or Second Honours
Graduates, final year undergraduates and certain
classes of civil
servants may compete. Salary
scales :
£1,030 to £2,060 (married). Age limits :
20 30 years. Application forms, etc., from the
Secretary, Civil Service Commission, 45 Upper
O'Connell Street, Dublin 1. Closing date: 6th
July 1967.
LEGAL AID
Members please note that the Criminal Procedure
Bill in relation to legal aid does not provide foi
free legal aid in connection with the preliminary
examination of indictable offences except in mur–
der cases. Members on the legal aid panel ought
to note this provision carefully who may wish to
reconsider their remaining on the panel in view of
the change in the law.
For the benefit of members we publish else–
where in this issue correspondence that has passed
between the Society and the Department of Jus–
tice on this topic.
(1) The main objects of the Criminal Proce–
dure Bill appear to be as follows:
(a) to replace the present preliminary investiga–
tion of indictable offences by a simpler and
more expeditious procedure which, apart
from exceptional cases, dispenses with the
necessity for taking depositions;
(b) to extend considerably the existing powers of
prohibiting publication of proceedings on
the preliminary examination; and
(c) to repeal, and re-enact with amendments,
various enactments relating to the grant of
bail.
The
Irish Law Times
of llth March 1967
contains the following enlightening extract :
Ordinary lawyers and all laymen can fulminate
about the grotesque waste of time involved
ir>
taking depositions and no one takes much notice.
Now that Lord Devlin has said that what happens
before the examining justices is the decomposing
remains of a process that once was lively and
effective, it may well be that someone will listen.
It is true that Lord Devlin was speaking in the
Third Programme, which means that his audience
was restricted and that at 7.30 p.m. Ministers and
members of Parliament are otherwise engaged,
but there can be few precedents for a former
judge so forthrightly and ironically attacking an
institution
to which many lawyers stay firmly
attached. Lord Devlin began by saying of exam–
ining justices :
"As examiners they do not probe
deeply. In fact they rarely open their mouths
except to yawn. They should be called invigilators
rather than examiners. Their duty is to superin–
tend the transference of the evidence of those who
will be witnesses for the prosecution from one
piece of paper on which it is already recorded to
another piece of paper on which it is recorded
again." Lord Devlin rehearsed the arguments in
favour of the system that there must be some
procedure for stopping at the outset prosecutions
that are frivolous or trifling; that a decision must
be made whether the accused is to be granted
bail; that the accused gets advance notice of the
case for the prosecution; that it is useful to be
able to get on the depositions some fact which
will be useful for a plea in mitigation of sentence;
that occasionally the preliminary publicity may
work in favour of the accused. Nevertheless we
agree that if witnesses had to testify before the
trial only when the defence requested it, either
because it wanted to challenge the committal or
to obtain some other advantage, they would be
summoned comparatively rarely and there would
be a great saving of time and money. Lord Devlin
does not want to see the examining justice wither.
away. He would like to see him perform some of
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