The English Court of Criminal Appeal.
347
"A permanent Court of Criminal Appeal case have power to direct a new trial " (100). shall be formed of seven members, of whom It is obvious, says a writer in the Edinburgh five shall be a quorum (89). Such court Juridical Review (October, 1892), that the es shall consist of the Lord Chief Justice of tablishment of such a Court of Review as the England for the time being and six other judges recommend would (a) secure greater judges of the Queen's Bench Division, to be uniformity in criminal sentences (if that, selected by the judges of that division (90). indeed,- is a desirable end, — a point on which The jurisdiction of the Court of Crown some doubt may reasonably be entertained); Cases Reserved shall be transferred to the and (¿) divide the unpleasant responsibility said court (91). Such Court of Appeal of commuting or confirming convictions shall have power to revise the sentence of which at present rests upon the Home Sec any person convicted of any criminal of retary alone. But the exclusion of murder fence (except murder; by any Recorder or from the jurisdiction of the Court of Crimi by magistrates at quarter sessions, or by nal Appeal seems to require reconsideration, any judge of the Supreme Court, on the ap and the hope may be expressed that not plication of the person convicted or of the only the result of the deliberation of the Attorney-General, and to increase or di court (when exercising its consultative minish the sentence, provided (96) that a functions), but the reasoning by which that sentence shall not be increased unless and result was arrived at, will be disclosed to the until an opportunity has been given for the public. In this way —• to borrow an in prisoner to be heard by himself or council. stance from the recent history of Scots Where a complaint is made at any time to Criminal Law — such episodes as occurred the Home Secretary with regard to any after the conviction of the Arran murderer, conviction or sentence, the court at his when the capital sentence passed upon the request may consider such complaint and prisoner was commuted by the Secretary for such further evidence as he may desire to Scotland on the report of three eminent ex be laid before them, and also such docu perts sworn to secrecy, will be avoided : and ments as the court shall require or permit when effect is given to belated pleas of in to be given, and shall have power to quash sanity, the public will at least know the the conviction or diminish the sentence re reason why. Lex. spectively (99). The court shall not in any
