The Warwickshire Herald. — 1887-04-07 (Birmingham, West Midlands, England)

SPECIAL JURY AND REMOVAL OF TRIAL.  Clause 3.—Wht re an indictment for a crime committed in a proclaimed district has been blind against a defendant, or a defendant has been committed for trial tor such crime, and the trial is to be by a jury before a Court in Ireland other than a Court of Qtarter Sessions, the High Court shall, on an application by or on behslf of the AttorneyGeneral for Ireland or a defender, make an order as of -course that the trial of the defendant, or the defendants if more than one, shall be by a special jury. Clauce 4.—Section 1: Whereas it is expedient to amend the law relating to the place of trial of offences committed in Ireland, for securing more fair and impartial trials, and for relieving jurors from danger to their lives, property and business, be it enacted, where an indictment for a crime committed in a proclaimed district has been against a defendant, or a defendant has been committed for trial for such crime, and the trial is to be at a Court of Assize for any county in a proclaimed district, or at a Court of Quarter Sessions for any county or borough in a proclaimed district, the High Court, on an application by or on behalf of the AttorneyGeneral for Ireland, and upon his certificate that he believes that a more fair and impartial trial can bhad at a Court of Assise in some county to be namcd in the cer, ificate. The defendant or any defendant, if more than one, may in a prescribed manner and within a prescribed time apply to the High Court to tdircharge or vary any such order for the removal of a trirl, upon the ground that the trial auty be more fairly and impartially had in a county other than the county named in the order of removal, and thereupon the High Court may order that the trial shall be had in that county in which it shall appear that the trial can be most fairly and impartially had. Section 2 : When the crime is commit ed as aforesaid within a proclaimed district with which the defendant is charged is (a) murder or manslaughter; (b) attempt to murder; (c) aggiava ed crime of violence against the person; (d) arson, by statute of common law; (e) breaking into, firing at, or into, or otherwise assaulting, or injuring a dwelling-house, however such crime may be described in the indictment, the High Court shall, upon a certificate signed by both the Attornm -General for England and the Attorney-General for Ireland, that a more fair and impartial trial can be had in England than in Ireland, or that, having re,tard to the safety of jurors, their lives, property, or business, a satisfactory trial cannot be had in Ireland, make an order, as of course that a trial shall be had in some county in England named in the certificate, or in the Queen's Bench Division of the High Court of Justice in England, or at the Central Criminal Court in London, where such division or court is specified in the certificate on that behalf. The defendant, or any defendant, if more than one, may in the prescribed manner and within tbe prescribed time apply to the High Court to discharge or vary any such order for the lemoval of a trial upon the ground that the trial can be more fairly or impartially had in some county in Ireland than in the sounty 'tamed in the order of removal, or in the gicen'e Bench Division of the High Court of Justice in England, or at the Central Criminal Court, as the ca-e may be, and that a satisfaetory trial can be had in Ireland, and thereupon the High Court, if they are satisfied that a satisfactory trial can be had without danger to the jurors, their lives, property, or bu.-iriess, and that the trial can be more fairly and impartially had in Ireland, as alleged, may order that the tiial shall be had in any county in Ireland in which they are of opinion that the trial can be most fairly and impartially had.