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
24 and 25 Vict. ch. 96, s. 110—“In all cases where the sum adjudged to
be paid on any summary conviction shall exceed five pounds, or the
imprisonment adjudged shall exceed one month, or the conviction shall
take place before one justice only, any person who shall think himself
aggrieved by any such conviction may appeal to the next Court of General
or Quarter Sessions, which shall be holden not less than twelve days
after the day of such conviction, for the county or place wherein the
cause of complaint shall have arisen; provided that such person shall
give to the complainant a notice in writing of such appeal, and of the
cause and matter thereof, within three days after such conviction, and
seven clear days at the least before such Sessions, and shall also
either remain in custody until the Sessions, or shall enter into a
recognizance with two sufficient sureties,” etc. etc.
This appeal clause is identical with that in 24 and 25 Vict. c. 97, and
continually repeated in other Acts of Parliament, as, for instance, in
the one against brawling in church, etc. etc. It will be seen therefore
that the absence of a right to appeal from the conviction by the justice
of the peace under the Contagious Diseases Acts is a peculiar harshness
of these Acts, as contrasted with general criminal Acts.
It appears from the “Criminal Law Amendment Acts,” 24 and 25 Vict. c.
96, 97, and 100, that the largest fine that can be inflicted by a
justice of the peace is £50, which large fine can apparently be
inflicted only in one case, viz., that of wounding deer (see c. 96, s.
12). Generally the limiting fine is £20 or £5. The greatest punishment
mentioned in these Acts, as assignable by a justice of the peace, is
_six months’ imprisonment_. Now, under the Contagious Diseases Acts
(clause 7, Act 1869) the woman can be imprisoned in hospital for _nine
months_. (By clause 24, Act 1866, the period during which she could be
thus imprisoned was limited to six months, but was extended to nine
months by clause 7, Act 1869. This extension, in common with many other
features, shows the insidious character of these Acts.)
In addition, therefore, to the fundamental and absolute points of
difference mentioned in the text of this Essay, these Acts differ from
all previous Criminal Acts—1st, In inflicting a longer imprisonment on
summary conviction; and 2d, In not permitting the appeal allowed under
other Criminal Acts.
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Footnote 1:
_English Constitution_, p. 2. (Eighth edition. Bentley.)
Footnote 2:
Speech of the Earl of Chatham on the exercise of the Judicature in
matters of Election, 1763.
Footnote 3:
Lord Chatham’s Speeches.
Footnote 4:
_English Constitution_, p. 148.
Footnote 5:
_Middle Ages_, chap. ii. p. 324.
Footnote 6:
_Ibid._
Footnote 7:
_Ibid._
Footnote 8:
De Lolme on the Constitution, p. 28.
Footnote 9:
Coke on Magna Charta.
Footnote 10:
_English Constitution_, p. 150.
Footnote 11:
_English Constitution_, p. 151.
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