The Gazette 1915-16

The Gazette of the Incorporated Law Society of Ireland.

JUNE, 1915]

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 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. said