Changes in the Law of Trials on Indictment
| Published date | 01 July 1948 |
| Date | 01 July 1948 |
| DOI | 10.1177/002201834801200311 |
| Subject Matter | Changes in the Law of Trials on Indictment |
Changes in the Law of Trials
on Indictment
ONE of
the
objects of
the
Criminal
Justice
Bill, as
set
forth
in
the
long title, is
"to
amend
the
law relating
to
the
proceedings of criminal courts, including
the
law
relating to evidence before such
courts".
This
is not, of
course, one of
the
main
objects of
the
Bill
but
a
number
of
useful changes in
the
details of
the
law affecting
the
trial
of indictable offences are introduced. These changes
are
on
matters
of
detail
and
some are concerned
with
matters
which
are
not
of
frequent
occurrence,
though
troublesome
when
they
do arise. No far-reaching changes
are
made;
they
are
not
needed.
The
right
of
peremptory
challenge of
jurors
is abolished
but
the
right
of challenge for cause remains.
This
has
the
effect of removing one of
the
distinctions
between
felonies
and
misdemeanours, for
peremptory
challenges
were
not
possible in
the
case of
misdemeanours;
treason
and
felony
have
in this respect
been
placed on
the
same
footing as misdemeanours.
The
old learning as to
what
is a good
ground
for a successful "challenge for
cause"
remains
part
of
the
law.
But
the
methods
of
trying
the
validity
of a challenge for cause
are
now to be
the
same
in
all cases of
such
achallenge on
whatever
ground
it
is based.
Formerly
achallenge to
the
array
and
'certain kinds of
challenge
to
the
polls were
tried
not
by
the
Court
but
by
two
triers
appointed
by
the
Court;
other
kinds
of challenge
were
tried
by
the
Court itself. Now
the
Court will
try
all
challenges,
that
is
to
say,
the
judge,
chairman
of
quarter
sessions, recorder or
other
person before whom
the
trial
takes
place.
The
Juries
Detention
Act, 1897 relaxed
the
strictness
of
the
common law
by
allowing
the
jury
to
separate
during
the
course of a trial, for example
during
an
adjournment
overnight,
except
in cases of treason, treason-felony,
and
murder.
This
exception is now also
swept
away
and
the
328
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