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
Where two persons are cohabiting together as man and wife, and a
child is born, the chances are the father, if he goes to record the
birth, will merely be asked the maiden name of his wife. If he is a
good-natured man, he may answer in all truth that her name was Joan
Stuart, or whatever the name may be. He is not asked whether he _is_
actually married in law, or when and where he _was_ married, nor what
evidence he has to show that any marriage ever took place. Admittedly,
the lack of insistence on the part of the authorities is benign in one
way, but it leaves loop-holes for all sorts of abuses. The Perjury Bill
threatens to stop them up.
In sub-section (2), clause 5, of the Perjury Bill, there is the
line, “after the expiration _of months_ from the solemnization of the
marriage.” What “the expiration of months” means, Heaven only knows!
Either by accident or intention an anomaly will be created unless
His Majesty’s Stationery Office, or the Printers to the King’s Most
Excellent Majesty, will assume responsibility and correct the error.
As the Bill stands, “the expiration of months” may mean any number of
months, which is grotesque on the face of it.
III. THE CRIMINAL EVIDENCE ACT
The Criminal Evidence Act, 1898, comes out of chronological order
here, but it is none the worse for that. It might have been placed
first of all, instead of granting precedence to the Poor Prisoners’
Defence Act, 1903, though in the present arrangement of several short
Acts of Parliament, various considerations have exercised the author.
Then, too, for instance, the Perjury Bill, 1911, quite the newest
thing in legislation, supplies a form of introduction to the Criminal
Evidence Act, which has given great and uninterrupted scope to half
a generation of liars. It is the constant complaint of judges that
a criminal when giving evidence on his own behalf rarely tells the
truth, or anything approaching the truth. Comment on the subject flows
freely from the Bench, with every possible cause. If criminals were
not allowed to “speak for themselves,” at least the occupants of the
dock could tell no lies. Still, there are so many technical fictions
permitted nowadays that one half expects a man to lie with _sang
froid_, in an attempt to save his own skin. This is scarcely morality,
but it is a practical and true way to look upon an evil which is akin
to nature. On one of those rare occasions, when a murderer is caught
red-handed, he will enter a plea of “Not Guilty,” as a matter of
course. The plea is a fiction in itself, but an even greater one is to
be found in the amendment or alteration of a plea of “Guilty” to “Not
Guilty,” the most absurd anomaly sanctioned in the English courts, one
due, it may be explained, to the tolerance of the judiciary.
Owing to the shortness of the Criminal Evidence Act, and owing also
to its clearness of meaning, it may here be inserted intact, without
misgiving. It is made up of only seven brief sections, the first of
which begins,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account