Recent Book: A Valuable Guide: Criminal Courts and Procedure
| Published date | 01 January 1961 |
| DOI | 10.1177/0032258X6103400115 |
| Date | 01 January 1961 |
| Subject Matter | Recent Book |
make old acts fit new methods and (2) some methods and some
matters which may cause the introduction of fresh legislation.
The respondents carried on a large retail business and advertised
their own goods, which they stated could be paid for through a
credit scheme which they ran. They also invited members of the public
to make use of this scheme to purchase goods
of
other traders.
On these facts they were charged with a contravention of s. 5 of the
Moneylenders Act, 1925, which creates three offences, viz. inviting
by way of advertisement, aperson to (1) borrow money from a
moneylender, (2) enter into a transaction involving borrowing money
from a moneylender, and (3) apply to any place for information or
advice regarding borrowing money from a moneylender.
It
will be
noted that "moneylender" is specifically referred to in each case.
The principal Act, the Moneylenders Act of 1900,exempts from the
provisions of the act a person bona fide carrying on business not
having as its principal object the lending of money.
The prosecution failed on the ground that the primary object of
the respondents' business was not the lending of money and the
High Court affirmed that view. In concluding his opinion Lord
Clyde
said-"
If
the activities of the respondents are to be treated
as those of a moneylender as now
understood-and
prima facie at
least there would appear to be strong grounds for so
holding-the
remedy lies in an amendment
of
the statutory definition
of
money-
lender to bring it more into line with modern developments. This,
however, is a matter for Parliament and
not
for the Courts ".
Recent
Books
A VALUABLE GUIDE
J.
DANIEL
DEVLIN:
Criminal Courts and Procedure. Butterworths. 15s. 6d.
MR. DEVLIN'S
book
fills a long-felt want in the police service and although it has
been written with the needs of candidates for promotion primarily in mind it
will nevertheless appeal to a much wider field. Experienced police officers will
find in it much to interest them, indeed, on occasions, much to help them, and
young detective officers, particularlythose undergoing the detective trainingcourse,
will find it of inestimable value; So too will the uniformed officer who, denied the
advantage of a detective training course and of experience as a detective officer,
has always found himself at a disadvantage in the promotion examination when
confronted with questions dealing with procedure in criminal cases. Such books
as dealt with the subject were beyond his means, and even when available he had
to grope for the information he sought. This book remedies all that. Modestly
priced, it is within the means of every police officer, and it can be studied with-
out guidance at leisure in the comfort and privacy of his own home. Written by
a police officer for police officers, it keeps to the essentials and is devoid of legal
jargon which can be so irritating and confusing to those who have not had a legal
training.
68 January-February 1961
To continue reading
Request your trial