The Gazette 1944-46

appoint Sheriffs in respect of areas where the duties of that office have already been taken over by the County Registrar. No person is to be ap pointed to the office of Sheriff unless he is either a barrister or solicitor who has practised for not less than five years, or a person who has acted as managing clerk to a sheriff or Under-Sheriff for not less than five years. By Section 12 of the Bill it is proposed to repeal Section 45 of the Debtors1 (Ireland) Act, 1840. The effect of this repeal will be to abolish the offices of Under-Sheriffs return ing officer in Dublin. Poor Prisoner's Defence. EVERYBODY connected with the administration or practice of the law must feel that the existing facilities for the proper defence of poor persons being tried on criminal charges are very inade quate. There is no statutory provision for the assignment of Counsel and Solicitor for any poor person. The only case in which legal aid will be granted to a prisoner is where he is charged with murder, and in this case the facilities are limited to legal representation at the trial, and not at the preliminary investigation. Under the existing scale of fees which will be paid by the State to the solicitor and counsel assigned to defend a prisoner on the charge of murder the defence has to be conducted on the basis of charity. The scale of fees at present allowed to the solicitor is six guineas in the case of a country solicitor and four guineas in the case of a Dublin solicitor, with refreshers of two guineas for each subsequent day of the trial. No solicitor can undertake the defence of a poor prisoner on these terms and give it all his time and attention, as he must do, without serious pecuniary loss to himself. In this connection it is interesting to see that the whole position of legal aid for poor persons has recently been considered in England by the Rushcliffe Committee, which was appointed to deal with the subject and whose report has now been published. The statutory provision in England for aiding poor prisoners is contained in the Poor Prisoners' Defence Act, 1930, which empowers magistrates to grant defence certificates and legal aid certi ficates in cases where they are satisfied that the accused persons have insufficient means to provide for their own defence. This provision is not con fined to cases of persons charged with murder, but extends to any charge, including cases tried under the summary jurisdiction. The Rushcliffe Committee Report criticises the existing system on the ground that it is not sufficiently used, and on the further ground that solicitors and counsel undertaking the defence of poor prisoners are 22

It also proposes to effect a number of administra tive changes in the management of the various Court offices. By Sections 2 and 3 of the Bill it is proposed to enable the Minister for Justice, after consultation with the President of the High Court, to make orders relieving the Master of the High Court of the management of the Central Office and of the general superintendence of such of the offices established by Part I of the Principal Act as are attached to the High Court. On and after the commencement of such orders the management of the offices is to be transferred to such officers serving in the High Court as the Minister may appoint after consultation with the President of the High Court. The effect of the proposed changes is to place the administration of the various Court offices more directly under the control of the Department of Justice, a process of which was commenced in 1926. The rights of the judges to give directions in matters affecting proceedings in their particular Courts is preserved by the provision that the officers nominated by the Minister shall be responsible to him in regard to all matters of general administration, but shall be responsible to the President of the High Court in regard to all matters relating to the conduct of that part of the business of the High Court which is required by law to be transacted by or before the High Court judges. The Bill also pro poses to make more adequate provision for pensions for holders of the position of Master of the High Court, Taxing Master, and County Registrar than has heretofore been the case. The interests of solicitors are affected by section 6 of the Bill which defines the qualifications for the appointment of Probate Officer and Examiner. The Minister may after consultation with the President of the High Court appoint to these positions a barrister or solicitor with twelve years' experience in a Court office, or, if no such person can be found who in the opinion of the Minister is suitable for appointment, a practising barrister or solicitor of six years' standing. The position of Under-Sheriff. which is to be renamed "Sheriff," is dealt with by Part II of the Bill. Since the Court Officers' Act, 1926. the functions and duties of any existing Under-Sheriff have on his death devolved upon the County Registrar. This system has been found unsatisfactory in some of the more thickly populated areas, and the Bill proposes to enable the Minister to declare by order that in respect of any county or county borough in which the office of Under-Sheriff becomes vacant, Section 54 of the Principal Act (which provides for the transfer of the duties of the office to the County Registrar) shall cease to have effect. The Minister is also empowered to