A Law Reform (Miscellaneous Provisions) Bill
| DOI | 10.1177/002201835301700307 |
| Published date | 01 July 1953 |
| Date | 01 July 1953 |
| Subject Matter | Article |
ALaw Reform (Miscellaneous
Provisions)
Bill
Now
that
the
Magistrates' Courts Act, 1952,
has
been
passed, perhaps one
may
consider
further
amendments
of
the
laws relating
to
crime
and
magistrates' courts.
This
article accordingly contains various suggestions for
the
reform of those branches of
the
law.
APPEALS
At
present, no appeal
to
quarter
sessions lies from a
decision of a magistrates'
court
ordering adefendant
to
enter
into
arecognizance
to
be
of good behaviour,
pursuant
to
the
Justice
of
the
PeaceAct, 1361 (R. v. County
of
London
Quarter Sessions ex-p, Commissioner
of
Metropolitan Police
(1948) 112
J.P.
118).
The
consequences of such afinding
by
amagistrates'
court
can
be
most serious for
the
person
concerned,
both
because of
the
stigma which
may
attach
to
him-the
statute
is frequently used for unpleasant
sexual
cases-and
because of
the
power of magistrates
to
commit
to
prison for six months in default of
the
defendant
finding sureties. Moreover,
though
the
statute
is used
properly nowadays,
it
is easy
to
see
that
in troubled times
it
could be used as
an
engine of oppression.
It
is
submitted
that
justice plainly requires a
right
of appeal on facts from
an
order of a magistrates'
court
in
such
proceedings.
In
view of
the
devotion which
the
English are supposed
to
have
for dogs,
it
is perhaps surprising
that
there
is no
right of appeal on facts against
an
order
under
the
Dogs
Act, 1871, requiring
the
owner of a dog
to
keep
it
under
proper
control.
It
is
true
that
such
an
order does
not
require
the
owner
to
do more
than
he was already
bound
to
do
and
that
the
Dogs Amendment Act, 1938, confers
aright of appeal against acanicidal order,
but
acontrol
285
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