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Duke V Director Of Public Prosecutions

Volume 648: debated on Thursday 9 November 1961

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asked the Secretary of State for the Home Department what steps are being taken, in the light of the decision in the case of Duke v. Director of Public Prosecutions and other cases, to remedy a state of the law which the Lord Chief Justice has said might work injustices and considerable hardship.

I am considering the matter in the light of the Lord Chief Justice's comments.

Have not various eminent judges over a long period of time deplored the inability of persons found guilty but insane to appeal to the Court of Criminal Appeal? Is not this necessary amendment to the Criminal Appeal Act long overdue?

This matter was considered by the Atkin Committee in 1923, which recommended against allowing a right of appeal. I am considering the matter in the light of the comments of the Lord Chief Justice, and it may be that I shall have to submit this to the Criminal Law Revision Committee.