A EULOGY ON THE CRIMINAL CODE BILL.

Tuapeka Times, Volume XVIII, Issue 1184, 30 September 1885, Page 4

A EULOGY ON THE CRIMINAL CODE BILL.

11 Hansard."

Mr Pyke. — It was nut my intention to say anything at all about this measure, because it is what may be termed a lawyer's Bill ; but I was taken by surprise when I heard a legal gentleman for whom I entertain the highest possible respect — the honorable member for St. Albans — saying that he had not read the Bill, that I feel I cannot longer refrain from saying something upon it. He surprised me by saying so, more than any other member could have done j but perhaps I shall surprise him more when, as a lay member of the House, I siy I have read it from end to end, and have studied it carefully. I think it is the utmost perfection of Billdrawing ever laid before the Legislature. Taking it entirely from the point of view of the alterations made in the existing law, it stands unequalled in the annals of legislation. I understand that it was the work of the lifetime of Sir James Fitzjaraea Stephen ; and to place upon the Statute Book of the realm such a magnificent statute is quite sufficient justification for devoting a whole lifetime to it. For pure English, for clearness of expression, the impossibility of raising legal quibbles in any of its clauses, there is nothing to equal it ; and the improvements it makes in the administration of the law are those which we have been clamoring for, for a quarter of a century at least. The absurd distinction between felony and misdemeanor has been taken away ; and I would ask, are there any lay members in this House who could distinctly si-ate what is felony and what is misdemeanor ; the present law gives to the person charged with misdemeanor the right of standing on the floor instead of in the criminal dock. I saw that first at Castlemaine, and when Arthur Horton was tried for horse-stealing. ~ An application was made by his counsel to allow Arthur Horton to stand on the floor of the Court, and he was allowed to do so accordingly ; but it did not make much difference on the minds of the jury ,or in the decision of the Judge. That distinction is abolished by this Bill. At present you can only attach a criminal in another colony who is guilty of felony, but this Code comprises all serious offences under the one term "crime." There is something in the Bill still more important. We know that at the present time a man may be charged with the most gross crimes, his wife may be the only person who can give evidence on his behalf, and still she is not allowed to give evidence. The same objection holds against a husband giving evidence on behalf of his wife ; and an innocent man or woman may go to the gallows because they are debarred from giving evidence on each other's behalf. An accused man's tongue is actually tied. He must speak through his counsel, who is — I do not mean it offensively — regarded as a mere advocate. The Bill proposes to [ amend all that. The wife can give evidence for her husband, and the husband for his wife ; and a prisoner may give evidence for himself. Is that not a great improvement on the present penal code 1 I think it is a wonderful improvement, and I sincerely trust the House will not delay for one year passing this Bill in the shape in which it is brought in. If it is proposed to tinker the Bill in Committee, and to mangle it there, 1,, for one, would protest against going any further with it there. It is a work of art. It is homogeneous. It cannot be altered without entirely destroying it. Therefore, I hope the Bill will pass through Committee without alteration. There is no possibility of altering it without injuring it. It is like a beautiful piece of mosaic work — each part cf it fits in with the other. I do not know any single law in New Zealand which is of such a character that a clever lawyer cannot find defects in it ; but here is an Act in which, I say unhesitatingly, no defect can be found, barring that ifc makes no provision for pursuing criminals beyond their own shores. That can be easily provided for in Committee.