We have not yet got a copy of last week's Official Report and I had not the advantage of hearing the Minister wind up on the Second Reading of this Bill. I drew his attention to the question of restoring the right to trial by 12 jurymen. I should like to know if he has turned his mind to that question in connection with this Bill and what his views are on the question of the abolition of the seven-man jury, now that the transport situation has in some degree eased.
Committee on Finance. - Juries Bill, 1945—Committee and Final Stages.
Bill passed through Committee, reported without amendment, and received for final consideration.
Question proposed: "That the Bill do now pass."
I referred to that question last week. I think that Deputy Dillon is under a misapprehension as to the present position. The jury of seven members applies in the case of the Circuit Court but, in the Central Criminal Court, there is a right to trial by 12 jurors. The introduction of this change was due to a desire to obviate hardship to jurors who had to be called from a restricted area and who might have to stay overnight in towns where the Circuit Court sat. There was a more or less restricted area to draw from. That arrangement will disappear when emergency conditions no longer exist. These conditions, however, have not altogether disappeared yet and transport facilities are not sufficiently available. I have no desire to keep on the seven-man jury any longer than is necessary.
It is the Government's view that the 12-man jury should be restored as soon as practicable?
Mr. Boland
That is so. In the Central Criminal Court there has to be a jury of 12, but in the Circuit Court a jury of seven is sufficient.
The Minister will fully realise that certain types of crimes can be tried in the Circuit Court which may not carry with them such heavy penalties, but conviction may be as fatal to a man's reputation as any conviction coming from the Central Criminal Court.
Mr. Boland
I quite realise that.
A man stands very often in need of the protection of a 12-man jury just as much in the Circuit Court as in the Central Criminal Court.
Question put and agreed to.