Part of CROWN PROCEEDINGS BILL [Lords] – in the House of Commons at 12:00 am on 11 July 1947.
Mr Hartley Shawcross
, St Helens
12:00,
11 July 1947
The reason for this provision, which was recommended by the 1921 Committee, is that in some—I dare say very few—important cases, cases of constitutional difficulty, or cases which are important for some other reason, it is necessary to have Treasury Counsel and a Law officer appearing for the Crown. That would be really quite impossible in existing circumstances unless the Crown were able to fix the trial in London. Of course, under the provisions of the Bill as it now stands, if the Crown does elect to have the case tried in London, it will have to bear the additional cost occasioned by trial in London rather than by trial at Assizes. As a matter of fact, of course, a very large proportion of cases are already dealt with at Assizes, and will continue to be so dealt with. Ordinary common law actions, running down actions, and actions of that kind, where no question of constitutional interest arises, always go to Assizes. If the court, in the exercise of its discretion, considers it convenient for the parties that the trial should take place there that practice will be continued. Even the case of Adams and Naylor, which gave rise to issues of considerable constitutional importance, originated in the Liverpool Assizes. We have considered the matter, and we shall not operate the Clause harshly. But, in cases where Law Officers have to be engaged, or in cases which raise matters of constitutional interest and where Treasury Counsel have to be employed, we must have the right to have the trial in London, if need be.
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