Administration of Justice Act, 1960
| Published date | 01 March 1961 |
| DOI | http://doi.org/10.1111/j.1468-2230.1961.tb02175.x |
| Date | 01 March 1961 |
STATUTES
ADMINISTRATION
OF
JUSTICE
ACT,
1960
ON reading this Act one is left with the feeling of having lost a
shilling and found
a
sixpence. The Act introduces some welcome
reforms, but also abolishes rights which have long been considered
fundamental to the administration of the criminal law. Although
the Act is mainly concerned with the structure of the appellate
courts,
it
also contains reforms in fields
of
law which have been the
special concern
of
the legal profession, the courts, the Press, and
parliamentarians of both parties. Space will not permit a thorough
consideration
0:
all the provisions, and, therefore, this note will
deal with the three broad subjects of appeals in criminal matters
and habeas corpus proceedings, contempt of court, and habeas
corpus.
Appeals in Criminal Cases and Habeas Corpus Proceedings
The Act alters the procedure for, and extends 'the range of,
appeals to the House
of
Lords in
a
criminal cause
or
matter,l and
grants for the first time a right of appeal in cases of contempt of
court and creates new rights of appeal in habeas corpus proceed-
ings.2 In the case
of
appeals to the House
of
Lords, the right of
appeal is available to the prosecution as well as the defence.5 The
changes brought about by the Act establish an elaborate system of
appeals, so that the present position is as follows:
An appeal will lie to the House
of
Lords from:
(a) the court of Criminal Appeal
(or
the Courts-Martial Appeal
Court
4)
in
a
criminal cause
or
matter, and in original cases
of contempt of court
5;
(b) the court of appeal in cases of contempt of court, both
original and appellate (in respect of crders made by High
Court and county court judges),' and in civil proceedings
for habeas corpus
(c) a Divisional Court of the High Court in
a
criminal cause
or
matter,O in cases of contempt, both original and appellate
(from orders of a magistrates' court under sectioq
54
(3)
of
1
8.
1.
2
88.
13. 16.
8
88.
1 (1). 13
(2).
15
(1).
4
8.
10,
Sched.
I.
5
8.
13
(2)
(c).
6
8.
13
(2)
(c).
7
8.
13
(2)
(b)
and
(c).
8
8.
15 (1).
9
8.
1 (1).
The
only
innovation here
is
the right
of
appeal against
an
order
for
the release
of
the person detained.
281
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