Hon. Colonial Secretary,
C.O.
Enclosure 2.
8246
95
RECE REGE & MAR 09
I submit the following remarks on the letter
of the Chief Justice to His Excellency of the 20th instant:-
2. Paragraph 2 (a). The words were inserted to prevent any
question arising as to the precedence of the Chief Justice, but there is no objection
to eliminating them if so desired. (b). Such question of law are at home reserved
for the consideration of a Court consisting
of several Judges and if they are to be determined by the Full Court as at present constituted the anomaly will still exist of
the Judge who tried the case being one of
the two Judges to decide the question re-
served.
The Chief Justice has when there is a
difference of opinion a casting vote and if the question is reserved from a trial before him the existing anomaly will be perpetuated unless there is a right of appeal over to the
Court of three Judges. So it was deemed desirable to provide for the question of law being referred direct to the Court of Appeal. The point of delay however in a murder case undoubtedly demands considera-
tion.
3. Paragraphs 3, 4, 5, and 6 relate to matters of detail and
not of principle and may be considered if necessary after the general principles of the Bill are approved by the Secretary of State. The draft which I prepared has as a
fact been most carefully considered by the
two leaders of the Bar in consultation with me but it may if the Chief Justice desires
be
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.Toevo
OPY.
Hon. Colonial Secretary,
C.O.
Enclosure 2.
8246
95
RECE REGE & MAR 09
I submit the following remarks on the letter
of the Chief Justice to His Excellency of the 20th. instant:-
2. Paragraph 2 (a). The words were inserted to prevent any
question arising as to the precedence of the Chief Justice, but there is no objection
to eliminating them if so desired. (b). Such question of law are at home reserved
for the consideration of a Court consisting
of several Judges and if they are to be determined by the Full Court as at present constituted the anomaly will still exist of
the Judge who tried the case being one of
the two Judges to decide the question re-
-served.
The Chief Justice has when there is a
difference of opinion a casting vote and if the question is reserved from a trial before him the existing anomaly will be perpetuated unless there is a right of epeal over to the
So it was deemed Court of three Judges. desirable to provide for the question of law being referred direct to the Court of Appeal. The point of delay however in a murder case undoubtedly demands considera-
-tion.
3. Paragraphs 3, 4, 5, and 6 relate to matters of detail and
not of principle and may be considered if necessary after the general principles of the Bill are approved by the Secretary of State. The draft which I prepared has as a
fact been most carefully considered by the
two leaders of the Bar in consultation with me but it may if the Chief Justice desires
be
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