Justice to the Prosecutor
| DOI | 10.1177/002201835101500307 |
| Published date | 01 July 1951 |
| Date | 01 July 1951 |
| Subject Matter | Article |
Justice to the Prosecutor.
JUSTICES of
the
Peace of the present generation are
probably more fully aware
than
ever before of the
responsibility which rests upon them when dealing with a
defendant, and
they
make earnest endeavour to do justice,
giving due consideration to the gravity of his offence, his
financial circumstances, his social responsibilities, and his
known character.
In
other words every consideration is
given in these days to the offender's circumstances before
a decision is made.
In
the
course of administering justice,
courts are
not
unmindful of a further responsibility, viz.
that
which
they
owe to
the
general mass of
the
law-abiding
public whom
they
are required to protect against the deeds
of the law-breaking minority. Nevertheless, notwith-
standing their care and thoughtfulness,
it
seems to
the
writer
that
one person is often
overlooked-the
prosecutor
or complainant. He has certain rights and entitlements,
and not infrequently a desire to deal with an offender in
such a way
that
he leaves
the
court feeling
that
justice has
been done, results in
the
prosecutor being sadly overlooked
and
it
is
then
he who leaves
the
building feeling
that
there
has been little justice done towards him.
It
is
not
suggested
that
the
oft-heard complaint of being kept waiting in
draughty. corridors or waiting-rooms, or of his case being
adjourned as-
the
bench are disqualified or
can
not form a
quorum or have other engagements which do
not
permit
them to continue
the
sitting longer, are matters which
can
always be
avoided-but
they
can always be explained
if
necessary,
and
in many instances properly and usefully.
Nevertheless,
it
does occur on occasions
that
the
defendant
applies for legal aid, or asks for an adjournment to enable
him to instruct a solicitor or to procure the attendance of
witnesses. Such applications can
not
easily be refused,
but
the
position should always be explained to
the
prose-
cutor
and
his observations given consideration.
If
the
adjournment involves him in expense, note should be made
of
the
circumstances
and
of
the
amounts involved, for con-
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