CROWN PROSECUTIONS.

New Zealand Times, Volume XXXIII, Issue 5316, 10 April 1878, Page 3

CROWN PROSECUTIONS.

TO THE EDITOR OF THE NEW ZEALAND TIMES. Sir, — The remarks made by Mr. Justice Richmond, in his charge to the Grand Jury at the late criminal sittings, reflecting on the manner in which many of the cases were got up, apply with equal force all over the colony, and it is feared will remain so until public prosecutors, are appointed at all centres of population. Judge Richmond’s opinions are echoed by the Lord Chief Justice of England (Sir Alexander Cockburn) expressed in his summing up iu the late celebrated case, the Queen v. Bradlaugh and Besant. These are his words -“So long as the Government of this country thinks proper to have the administration of justice defective in that which (from this place I say) is _an essential necessity with a view to its proper administration, I mean the office of a public prosecutor—so long as every individual; however rash, however ill advised, has the right to put the criminal law in motion ; if he does so, ho has the right to ask that the case shall be treated with due consideration.” Will these words, coming as they do from one of the greatest lawyers the world has ever produced, have any effect on the this colony ? I fear not so long as the administration of justice is looked upon as a secondary consideration and laws for its amendment can be shelved from time to time till some more convenient opportunity. The Courts (dens) where justice is administered are a disgrace to any civilised community, badly ventilated, badly constructed as to sound, badly and inconveniently fitted up, having no regard to the comfort of those concerned, whether Judges, counsel, jury, or witnesses. With very few exceptions this is the case all over the colony, both as to Supreme and inferior Courts. We have now two lawyers in the Ministry, the Attorney-General and the Minister of Justice, both practical men, both belonging to the order of progress. Let them buckle to and institute a thorough law reform, first of all by clearing away all old officialism at any cost, and then remodel many ef the laws and forms of procedure. Attention has been promised to he paid by the Minister of Justice .towards amending the laws affecting publicans, and surely other matters affecting the administration of justice demand an equal attention. Incidental to the establishment of public prosecutors, I believe it would be very beneficial to the colony to abolish the grand jury system, and in lieu thereof let the Attorney-General have the power of filing indictments in all cases sent down by the magistrates. This would cause a great saving of expense to the country iu many instances where, on the face of the depositions themselves, there is clearly no , case, although some lay justice or resident magistrate may have thought otherwise. For instance, the Attorney-General or his deputy public prosecutor for the judicial district receives the depositions from th 3 magistrate’s clerk (say 100 miles from Wellington or Dunedin) in a case where perhaps five or six witnesses have been bound over to give evidence; he sees there is no case at all to go before a jury, or he sees a link wanting, and telegraphs to know it it can be supplied. If the answer is in the negative, he immediately informs the police or the party conducting the prosecution, to give the witnesses notice that their attendance is not required, thus effecting a saving to the country of ,£6O of £7O at least. But a double advantage would be gained by this method—fewer guilty men would escape, the case would be better got up, and the ends of justice be greatly furthered. This has been the practice in Victoria for about twenty years, and has answered admirably. Why not adopt it here ? —I am, &c., Scrutatob.