Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
Be it enacted by the King’s most Excellent Majesty, by and 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.= (1) Where it appears, having regard to the nature of the
defence set up by any poor prisoner, as disclosed in the evidence
given or statement made by him before the committing justices, that
it is desirable in the interests of justice that he should have legal
aid in the preparation and conduct of his defence, and that his means
are insufficient to enable him to obtain such aid--
(_a_) the committing justices, upon the committal of the prisoner
for trial, or
(_b_) the judge of a court of assize or chairman of a court of
quarter sessions, at any time after reading the depositions,
may certify that the prisoner ought to have such legal aid, and
thereupon the prisoner shall be entitled to have a solicitor and
counsel assigned to him, subject to the provisions of this Act.
(2) The expenses of the defence, including the cost of a copy of the
depositions, the fees of solicitor and counsel, and the expenses of
any witnesses shall be allowed and paid in the same manner as the
expenses of a prosecution in cases of indictment for felony, subject,
nevertheless, to any rules under this Act and to any regulations
as to rates or scales of payment which may be made by one of His
Majesty’s Principal Secretaries of State.
=2.= Rules for carrying this Act into effect may be made in the
same manner and subject to the same conditions as Rules under the
Prosecution of Offences Act, 1879.
=3.= In this Act--
“Prisoner” includes a person committed for trial on bail.
“Committing justices” includes a magistrate of the police courts of
the metropolis and a stipendiary magistrate.
“Chairman” includes recorder or deputy recorder or deputy chairman.
=4.= This Act shall not extend to Scotland or Ireland.
=5.= This Act may be cited as the Poor Prisoners’ Defence Act,
1903, and shall come into operation on the first day of January one
thousand nine hundred and four.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account