Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
(4) All jurisdiction and authority under the Crown Cases Act, 1848,
in relation to questions of law arising in criminal trials which is
transferred to the judges of the High Court by section forty-seven
of the Supreme Court of Judicature Act, 1873, shall be vested in the
Court of Criminal Appeal under this Act, and in any case where a
person convicted appeals under this Act against his conviction on any
ground of appeal which involves a question of law alone, the Court
of Criminal Appeal may, if they think fit, decide that the procedure
under the Crown Cases Act, 1848, as to the statement of a case should
be followed, and require a case to be stated accordingly under that
Act in the same manner as if a question of law had been reserved.
=21.= In this Act, unless the context otherwise requires--
The expression “appellant” includes a person who has been
convicted and desires to appeal under this Act, and
The expression “sentence” includes any order of the court made on
conviction with reference to the person convicted or his wife or
children, and any recommendation of the court as to the making
of an expulsion order in the case of a person convicted, and the
power of the Court of Criminal Appeal to pass a sentence includes a
power to make any such order of the court or recommendation, and a
recommendation so made by the Court of Criminal Appeal shall have
the same effect for the purposes of section three of the Aliens
Act, 1905, as the certificate and recommendation of the convicting
Court.
=22.= The Acts specified in the schedule of this Act are hereby
repealed to the extent mentioned in the third column of that schedule.
=23.= (1) This Act may be cited as the Criminal Appeal Act, 1907.
(2) This Act shall not extend to Scotland or Ireland.
(3) This Act shall apply to all persons convicted after the
eighteenth day of April, nineteen hundred and eight, but shall not
affect the rights, as respects appeal, of any persons convicted on or
before that date.
(The enactments affected by the schedule of repeal are four in number,
namely, the Treason Act, 1695, the Crown Cases Act, 1848, and the two
Supreme Court of Judicature Acts of 1875, and 1881, respectively.)
FOOTNOTE
[39] It was under this section that the notorious murderer, S.
Morrison, or Morris Stein, endeavoured to carry his appeal to the House
of Lords, but the Attorney-General (Sir Rufus Isaacs) refused the
necessary certificate.
APPENDIX G
THE CORONATION OATH OF KING GEORGE V
The Coronation Oath of King George V. is identical with that of Queen
Victoria save in respect of reference to the Church of Ireland:--
THE OATH
Public-domain text, read in full here on John Shaqi.
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