Notes on the Criminal Justice Act 1967
| Author | J. C. Wood |
| DOI | 10.1177/0032258X6704001207 |
| Published date | 01 December 1967 |
| Date | 01 December 1967 |
| Subject Matter | Article |
PROFESSOR
J.
C.
WOOD,
LL.M.
The University of Sheiiield
Legal Correspondent of
THE
POLICE JOURNAL
NOTES ON
THE
~RIMINAL
JUSTI~E
A~T
1967
Anumber of important and novel reforms have been in-
troduced by this long and important statute.
It
is bound to set
the atmosphere of both criminal trial
and
the treatment of
offenders for a considerable period. Indeed it has made so
many important changes, from committal proceedings to the
treatment of offenders, that it is hard to pick out the leading.
provisions for summary. The Act has six parts -Criminal
Procedure, Powers of Courts, Treatment of Offenders, Legal
Aid, Firearms and Miscellaneous. Each contains important
changes and they must be considered in turn.
PART I - CRIMINAL PROCEDURE, ETC.
Committal
There has been a fairly keen divergence of view as to the
merits of committal proceedings. Historically they have taken
over the function of the grand jury in screening prosecutions
for those which lack substance. The growth of responsible
prosecuting authorities, the Director of Public Prosecutions, the
local authorities and the police, has meant that the number of
prosecutions which fail this hurdle is small indeed.
As well as doubt about the worth of committal proceedings
there has been criticism of the publicity which attached to them
in cases of sensational interest.
It
is felt that this publicity makes
it impossible to assemble a trial jury without preconceived views,
and these views will usually be of the accused's guilt since the
defence will almost certainly have held its hand in the com-
mittal.
The Act tackles these problems.
It
provides for committal
on written statements. Such statements must be signed by hte
maker. They must indicate that the maker believes that what
he says is true to the best of his knowledge and belief
and
that
he realizes that he is liable to prosecution for wilful falsity.
If
the maker is under 21, the statement must state his age
and
if the maker is blind it must contain adeclaration by the person
who read it over to the maker that this has been done. The
defence can use this form as well as the prosecution. The state-
ments to be used must be shown to the other parties in the
case and if objection is taken they cannot be used.
December 1967 555
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