South Centerbury Times, WEDNESDAY, JUNE 7, 1882.

South Canterbury Times, Issue 2871, 7 June 1882, Page 2

South Centerbury Times, WEDNESDAY, JUNE 7, 1882.

The Bill now before Parliament entitled “ The Evidence Act, 1882,” enacts that, “ Any person charged with any offence shall be competent but not compellable to give evidence in any criminal proceeding arising thereout or therefrom, and whether for or against himself or herself ; and the husband of any such person, if such person be a woman, and the wife of any such person, if such person be a man, shall also be competent' but not compellable to give evidence in such proceedings, and whether for or against his wife or against his wife or her husband, as the case may be : Provided that if such person so charged shall have voluntarily given evidence in the initiative proceedings, or have voluntarily submitted himself or herself to cross-examination in such proceedings, be or she shall be not only competent but compellable to give evidence in all further proceedings and whether for or against himself or herself : Provided that, in cases where a person on trial shall he examined, all questions to be asked in examination shall be proposed only through the presiding Judge or Magistrate.” This provision appears a good one in the interests of justice. The noteworthy provision of the Bill is that by which a person charged with an offence, having voluntarily given evidence in the initiative proceeding against himself, shall be compellable to give evidence in all further proceedings, the questions to be put only through the Bench. This will have the effect of curtailing the proceedings at trials. The time of the Court is frequently occupied in endeavoring to discover some matter which the person charged might easily and satisfactorily clear up ; and when additional power of examination is given to the Bench would hasten proceedings considerably. Of course the nature of the questions is left to the discretion of the Bench, and the provision that they shall be asked only through the .Bench secures that they shall be fair and justifiable, and put without, on the one hand, any attempt to prompt replies, and on the other without any effort to intimidate the witness. If this Bill should provide a means of shortening procedure in criminal courts, and tend to curtail the work of the pleader and crossexaminer, the gain would be very considerable. There seems no injustice to the prisoner involved, either. If he has voluntarily given evidence in the preliminary proceedings against himself there seems no reason why he should not be compelled to answer any fair question at subsequent stages.