In the Irish Courts
| Published date | 01 January 1947 |
| Date | 01 January 1947 |
| DOI | http://doi.org/10.1177/002201834701100107 |
| Subject Matter | Article |
In the Irish Courts
SUPREME
COURT
OF
EIRE
DISCHARGE OF
JURY
BEFORE
VERDICT:
PLEA
OF
AUTREFOIS
ACQUIT
The People (A.-G.) v. Bradfield England
The State (Bradfield England) u. His Honour Judge
II.!cCarthy
The
arraignment of Austin Bradfield England
before
Judge
Shannon in
the
Dublin Circuit Criminal
Court, on
an
indictment containing two counts, each (jf
which charged him with
"attempted
gross indecency,
contrary to section 11 of
the
Criminal Law Amendment
Act, 1885", led to a most extraordinary series of proceed-
ings (as
yet
unreported). Before
the
case for
the
prose-
cution was opened before
Judge
Shannon,
the
defence
objected
that
the
indictment was defective, in
that
neither
count disclosed
any
offence known to law,
and
suggested
that
the
indictment should be amended. Upon
the
prosecution's refusing
to
agree to this course,
the
learned
Judge
overruled
the
defence's objection
and
the
trial
pro-
ceeded
to
the
completion of
the
prosecution's case, when
the
defence applied for
the
withdrawal of
the
case from
the
jury, on
the
ground already urged. After further argu-
ment, during which
the
defence showed greater force
and
clarity,
the
learned
Judge
agreed
that
the
indictment did
not
contain
any
of
the
four offences mentioned in section
11 of
the
Act, oiz.,
that
of
the
commission,
that
of being a
party
to
the
commission,
that
of procuring
and
that
of
attempting
to
procure
the'
commission, of
an
act
of gross
indecency.
The
prosecution
then
asked
him
to
amend
the
indictment and, upon his refusal to do so
at
that
late
stage in
the
trial, informed him
that
the
Attorney-General
would enter anolle prosequi before
the
verdict was recorded,
unless he discharged
the
jury
forthwith. This,
the
learned
77
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