Orders of the Day — ADMINISTRATION OF JUSTICE BILL [Lords].

Part of the debate – in the House of Commons am ar 27 Gorffennaf 1923.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr John Simon Mr John Simon , Spen Valley

I should like to put what I think the difference is. This is not a party question at all and we are all trying to discover what is the best solution. The difference between the two cases the hon. and learned Gentleman puts is this. It is one thing when a case has been prepared for trial and the two sides know all about the dispute, and the case is opened and the details are appreciated, to say at that stage, "Now that I look into the heart of this case, sensible people will agree it is better not to have a jury." It is quite another thing to go on a summons, which probably is disposed of in the course of two or three minutes before a Master or a Judge sitting in chambers dealing with a list of 20 or 30 cases—he must inevitably knock these things off pretty rapidly—before the material is all collected, before the evidence is accurately known, and say, "Now is this a case which is more fit to be tried with a jury or without?" That is the real difference. My hon and learned Friend puts it very fairly, but he knows there is the most enormous difference between those two things.