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
A prisoner once convicted at the Central Criminal Court should have
no very substantial grievance against law and order if later on he
is watched during an appeal _entr’acte_. He is in a vastly better
position than the prisoner convicted before the advent of the Criminal
Appeal Act, when the conviction usually stood until the sentence had
been worked out. The word, “usually,” is meant to add distinction
to the occasional commutation of a death sentence, and to any other
punitive abatement arising out of the prerogative of mercy, or from
personal good conduct on the part of the convict. Under the new system
of appeal, fresh opportunities are allowed the convict to obtain an
acquittal. It seems clear, therefore, that until the final appeal
has been settled, he should either be kept under close observation
or detained in custody. It may be un-English to spy upon the every
movement of any man, but it is practical and even necessary under the
possibilities afforded by the Act of 1907.
CHAPTER XI
CLIENT, SOLICITOR AND COUNSEL
A member of the Bar who ventures to touch such sensitive plants as
professional usage and etiquette must almost of necessity do so with
a sense of diffidence and modesty, that is, if he is not to outrage
his _esprit de corps_ and attack his own training in the traditions
of a great _métier_. The partial aim of this chapter is, in avoiding
revolutionary language, to state as clearly as possible what strikes
the travelled barrister as a radical disadvantage in his profession.
Usage has made it necessary, except in certain criminal court cases,
for a client to go to a solicitor--who in due course goes to counsel,
if the matter comes within the province of counsel. This intermediate
process of approach is doubly absurd in practice, when it is remembered
that counsel does not always confer with the solicitor himself but with
the clerk instead.
Public-domain text, read in full here on John Shaqi.
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