Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Of 598 people acquitted at Assize Courts only 294 were allowed bail, so
that there is a clear admission in the official figures of three hundred
innocent persons--or persons not provably guilty--remaining in prison
because the justices will not carry out the Home Office suggestions as to
bail. Remember too that in some remote places there are very few assizes
and eighteen of these unhappy persons remained over three months in prison
awaiting trial. At Quarter Sessions the figures are even more remarkable.
Of 1,586 prisoners acquitted only 688 had been granted bail. Here you have
a large number of innocent men and women kept in gaol charged with
offences that are not of the most serious character, and this is done not
because in this peculiar instance the law itself is harsh--because the law
permits bail and the government office calls on the magistrates to make
use of the law--but because the law is administered by well-meaning but
incompetent men who have a fixed delusion, handed down to them from their
forbears of hundreds of years ago, that a man arrested for a crime by the
police and awaiting trial is, to use Mr. Headlam's phrase, "an offender
against the laws." Where there are no stipendiary magistrates it would not
be a bad plan to give any prisoner a right to appeal on refusal of bail to
a judge of the County Court who lives within the district and is of
necessity a magistrate though he seldom has much time to sit at petty
sessions.
Before we leave the Police Court I should like to draw attention to a
well-founded complaint against police methods that the Home Office might
certainly take into their consideration when they are reforming the
administration of the criminal law. I refer to the practice of
identification which has come so prominently before public notice in
recent criminal trials. I never met a prisoner who felt that it was fairly
done. For myself, I have the firmest belief that the police endeavour as a
rule to do what is right and straight, but after all we must not lose
sight of the fact that the police are there to clear up the crime and to
run in somebody--the real criminal of course for choice--and it seems
hardly right to put them at this very critical moment into the position of
a judicial authority deciding the most important point for or against the
man they have arrested and believe to be guilty.
Public-domain text, read in full here on John Shaqi.
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