Bar, Trial At - Definition - Law Dictionary Home Dictionary Definition bar-trial-at

Definition :

Bar, trial at, the trial of a cause or prisoner before the Court itself instead of at Nisi Prius. It is confined to cases of great importance, and it is entirely discretionary with the court to grant it, unless the Crown be interested (see as to this, Dixon v. Farrar, Sec. of Board of Trade, (1886) 18 QBD 43), when the Attorney-General may demand it as of right. The procedure for obtaining it is regulated by Rules 150-155 of the Crown Office Rules of 1906.

A celebrated trial at bar--of one Arthur Orton for perjury, in swearing that he was Sir Roger Tichborne--took place in 1873 before Cockburn, L.C. J., and Lush and Mellor, JJ. Others since that date are the action by the Attorney-General against Mr. Bradlaugh for penalties under the Parliament Oaths Act, A.G. v. Bradlaugh, (1885) 14 QBD 667; the trial of Dr. Jameson and many others, Reg. v. Jameson, 1896 (2) QB 425, for making an incursion into the Transvaal in contravention of the (English) Foreign Enlistment Act, 1870 (see that title); and the trial of Arthur Lynch, R. v. Lynch, 1903 (1) KB 444, who, whilst a British subject enlisted and took an oath of allegiance to the South African Republic after an outbreak of war in that country.

In civil matters trials before more judges than one may be held before Divisional Courts, if the Court think them unsuited for trial by a single judge [(English) Judicature Act, 1925, s. 63]; but this trial is in practice only of points of law; and, like the trial by two or more judges with a jury under R.S.C. Ord. XXXVI., r. 8, can be held anywhere, whereas a trial at bar takes place only at the Royal Courts of Justice in London.