The constitution violated : $b An essayButler, Josephine Elizabeth Grey
History
The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
fact, the idea that the Acts apply in any way to the army or navy is so
absolutely unfounded, that a confutation of it seems almost absurd, and
I would not have mentioned it but for the fallacious notion on this
point promoted apparently by the supporters of the Acts, encouraged by
such statements as that of Dr. Lyon Playfair, already referred to, and
confirmed by the natural practice of most persons of taking their
information as to an Act of Parliament at second hand. In passing I
would, however, point it out as a very grave objection to these Acts,
that they extend the jurisdiction of the Admiralty and War Office over
the civil population, and that they intrust to these offices such
extensive and arbitrary powers as we shall shortly see that they do.[22]
The Contagious Diseases Acts, as now in force, consist essentially of
the following clauses:—
Act 1869, Clause 4.—“Where an information on oath is laid before a
justice by a superintendent of police[23] charging to the effect that
the informant has good cause to believe that a woman, therein named, is
a common prostitute, and either is resident within the limits of any
place to which this Act applies, or, being resident within ten miles of
these limits, or, having no settled place of abode, has within fourteen
days before the laying of the information either been within those
limits for the purpose of prostitution, or been outside of those limits
for the purpose of prostitution in the company of men resident within
those limits, the justice may, if he thinks fit, issue a notice thereof
addressed to such woman, which notice the superintendent of police shall
cause to be served on her.”
Act 1866, Clause 16.—“In either of the following cases, namely,”—
“If the woman on whom such a notice is served appears herself, or by
some person on her behalf, at the time and place appointed in the
notice, or at some other time and place appointed by adjournment;”—
“If she does not so appear, and it is shown (on oath) to the justice
present that the notice was served on her a reasonable time before the
time appointed for her appearance, or that reasonable notice of such
adjournment was given to her (as the case may be);”—
“The justice present, on oath being made before him substantiating the
matter of the information to his satisfaction, may, if he thinks fit,
order that the woman be subject to a periodical medical examination by
the visiting surgeon for any period not exceeding one year, for the
purpose of ascertaining at the time of each such examination whether she
is affected with a contagious disease; and thereupon she shall be
subject to such a periodical medical examination, and the order shall be
a sufficient warrant for the visiting surgeon to conduct such
examination accordingly.”
Public-domain text, read in full here on John Shaqi.
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