15 / 90
JUNE, 1915]
The Gazette of the Incorporated Law Society of Ireland.
13
criminal cases. They had received expres-
,
sions of opinion in favour of a Court of
Criminal Appeal in Ireland both from the
Northern Law Society and the Southern Law
Association, as well
as
from
individual
members of the profession.
The Council,
therefore, reported in favour of the passing
of legislation to create a similar Court for
Ireland.
If they adopted the views of the
Council in reference to these Acts he would
suggest that for the present no steps should
be taken beyond forwarding a resolution to
the Law Officers of the Crown and the Irish
Members of Parliament. Legislation would
be necessary, and he need hardly say that at
a time like the present it was not to be
expected
that such
legislation would be
initiated, but they looked forward with hope
to a time of peace, when this and other
desirable
legislation
could
be
promoted
(applause).
The President concluded by
moving a resolution :
" That the extension to Ireland of the
" Criminal Appeal Act, 1907, is desirable,
" and that the extension to Ireland of the
" Criminal Evidence Act, 1898,
is not
" desirable."
MR.
JAMES MOORE, Vice-President,
seconded the resolution.
MR. JAMES BRADY said he was glad to
know
that his Northern and Southern
brethren were in accord with him with regard
to the Criminal Evidence Act, and their views
should be given some attention to.
If the
question were put to a vote of the entire
profession he would, he thought, win easily
on the subject. At courtmartials prisoners
were allowed to make statements in their
own defence, and in 99 cases out of every
100 of these prosecutions the prisoner was
acquitted ;
and he was at a loss to under–
stand why the Council, h:\ving regard to the
opinions expressed, should not approve of
the idea of extending the system to Ireland.
Before adopting that portion of the report
he considered the question should get some
more ventilation amongst the members of
the profession generally. The public were in
favour of it, anil he considered it a hardship
that, in a case in which a man was impleaded
that day before a magistrate for breaking into
the house, of a German, he should have his
mouth shut while he was being tried on the
charge preferred against him.
MR. MACNAMARA
said
the greatest
consideration was given to the question by
the Council, who had the advantage of having
the opinions of several members from the
country in coming to their decision. After
considering the view held in regard to it in
England, where it was called the " hanging
statute," they thought it more advisable
that this Act should not be extended to this
country.
MR. JOSEPH ALLEN (Lisburn) said it
was the view of the Northern members of
the profession that the Act, with the safe–
guards
in
the English Act,
should
be
extended to Ireland.
MR. R. BLAIR WHITE said he could bear
testimony to the great consideration given
by the Council to this matter. The opinions
of a large number of members of their
profession had been obtained outside the
Northern Law Society and the Southern
Law Association,
and
those had
to be
taken
into account, and had
influenced
the Council in arriving at their decision.
However,
having
regard
to
the
views
expressed, he moved that the consideration
of that portion of the resolution relating to
the Criminal Evidence Act, 1898, should be
adjourned until the November meeting.
MR. GAMBLE seconded the amendment,
which, on being put to the meeting, was
agreed to ;
and the portion of the resolution
relating to the Criminal Appeal Act, 1907,
was unanimously adopted.
MR. W. J. SHANNON moved: "That
" in future the Press be not invited to be
" present at the Half-yearly General Meeting
" of the Society held in the month of May,"
and in doing so stated that this recommenda–
tion was made by the Council as a result of
a request contained in a letter to the Council
from a member written on behalf of some
junior members of the Society, who felt that
from
time
to
time questions might be
discussed
there of much interest to the
profession, but of little public interest, and
in which discussion junior members who
hesitated to take part in public discussions
might desire to take part. He thought there
was much to be said in support of the
suggestion.