The Gazette 1967/71

Thomas Fernsley Figgis, B.A. (Mod.), (T.G.D.), "Lurgan", Erskine Avenue, Greystones, Go. Wicklow. Paul D. Guinness, B.A. (Oxon.), Tibradden, Rathfarnham, Go. Dublin. Michael Kelly, New Park Lodge, Rathowen, Go. Westmeath. Richard Victor Lovegrove, "Bromleigh", 33 Gran- ville Park, Blackrock, Co. Dublin. Cornelius Leo McCarthy, B.G.L. (N.U.I.), Muns- ter and Leinster Bank House, Crumlin Cross West, Dublin. William J. Montgomery, "Leigh House", New- townpark Avenue, Blackrock, Co. Dublin. Peter F. R. Murphy, West End, Bundoran, Go. Donegal. Maire Noonan, Athboy, Go. Meath. Hugh B. J. O'Donnell, B.A. (T.G.D.), 6 Sydney Parade Avenue, Dublin. John C. O'Donnell, Jr., 43 Greenfields Road, Newcastle, Go. Galway. Brendan O'Mahony, Newlands Road, Clondalkin, Go. Dublin. Michael J. O'Shea, B.C.L. (N.U.I.), Francis Street, Kilrush, Co. Clare. William B. R. B. Somerville, B.A. (Mod.), (T.C.D.), 83 Ailesbury Road, Dublin. Mary Flanagan, Mount Carrnel, Moyle Park, Clondalkin, Co. Dublin (Sedn O hUadhaigh Memorial Prize, 1966). WHY NOT THE DIPLOMATIC SERVICE? Third Secretaries (2) required in the Department of External Affairs. First or Second Honours Graduates, final year undergraduates and certain classes of civil servants may compete. Salary scales : £1,030 to £2,060 (married). Age limits : 20 30 years. Application forms, etc., from the Secretary, Civil Service Commission, 45 Upper O'Connell Street, Dublin 1. Closing date: 6th July 1967. LEGAL AID Members please note that the Criminal Procedure Bill in relation to legal aid does not provide foi free legal aid in connection with the preliminary examination of indictable offences except in mur– der cases. Members on the legal aid panel ought to note this provision carefully who may wish to reconsider their remaining on the panel in view of the change in the law. For the benefit of members we publish else– where in this issue correspondence that has passed between the Society and the Department of Jus– tice on this topic.

(1) The main objects of the Criminal Proce– dure Bill appear to be as follows: (a) to replace the present preliminary investiga– tion of indictable offences by a simpler and more expeditious procedure which, apart from exceptional cases, dispenses with the necessity for taking depositions; (b) to extend considerably the existing powers of prohibiting publication of proceedings on the preliminary examination; and (c) to repeal, and re-enact with amendments, various enactments relating to the grant of bail. The Irish Law Times of llth March 1967 contains the following enlightening extract : Ordinary lawyers and all laymen can fulminate about the grotesque waste of time involved ir> taking depositions and no one takes much notice. Now that Lord Devlin has said that what happens before the examining justices is the decomposing remains of a process that once was lively and effective, it may well be that someone will listen. It is true that Lord Devlin was speaking in the Third Programme, which means that his audience was restricted and that at 7.30 p.m. Ministers and members of Parliament are otherwise engaged, but there can be few precedents for a former judge so forthrightly and ironically attacking an institution to which many lawyers stay firmly attached. Lord Devlin began by saying of exam– ining justices : "As examiners they do not probe deeply. In fact they rarely open their mouths except to yawn. They should be called invigilators rather than examiners. Their duty is to superin– tend the transference of the evidence of those who will be witnesses for the prosecution from one piece of paper on which it is already recorded to another piece of paper on which it is recorded again." Lord Devlin rehearsed the arguments in favour of the system that there must be some procedure for stopping at the outset prosecutions that are frivolous or trifling; that a decision must be made whether the accused is to be granted bail; that the accused gets advance notice of the case for the prosecution; that it is useful to be able to get on the depositions some fact which will be useful for a plea in mitigation of sentence; that occasionally the preliminary publicity may work in favour of the accused. Nevertheless we agree that if witnesses had to testify before the trial only when the defence requested it, either because it wanted to challenge the committal or to obtain some other advantage, they would be summoned comparatively rarely and there would be a great saving of time and money. Lord Devlin does not want to see the examining justice wither. away. He would like to see him perform some of 17