The Accused an International Survey
| Published date | 01 March 1938 |
| Author | R. S. T. Chorley |
| Date | 01 March 1938 |
| DOI | http://doi.org/10.1111/j.1468-2230.1937.tb00028.x |
March,
1938
MODERN LAW REVIEW
307
provisions of the
Bill
owing
to
the express words of Section
6
!
It
seems
objectionable that a wealthy Englishman
can
escape from the ambit of
the Bill by acquiring a foreign domicil especially
as
he may also avoid the
application of the foreign rules
as
to fixed portions for dependants owing to
the retention of British nationality. Exactly the same difficulties may
arise even
if
the law of the foreign domicil does adopt the rule that succes-
sion is governed by the
lex
domicilii
since
it
may take a different view from
the English Courts
as
to what constitutes domkil
(cf.
Re Annesley, supra).
In view
of
these difficulties,
it
is
suggested that the following should
be substituted for the present Section
6
:
“This Act shall only have effect
so
far
as
the English law of succession
is
to
be
applied.” This, or an
equivalent wording, would obviate
all
the difficulties and inconsistencies
referred to above.
W.
BRESLAUER.
THE
ACCUSED
AN
INTERNATIONAL
SURVEY
One of the most valuable and enduring aspects of the work done by
the League of Nations has been that relating to medical research and
public health.
Xn
effort is now being made to persuade the League
to extend its investigations into other and more purely sociological fields,
some of which are of great interest to lawyers. For example, the Howard
League of Penal Reform has received during recent years many complaints
of third degree methods, and even of actual torture, perpetrated against
persons accused
of
criminal offences in the interval between arrest and
trial for the purpose of extracting evidence against them.
This
is
a very
old problem, but the proposal that it should
be
taken up and investigated
by an impartial international body such
as
the League of Nations marks a
milestone
on
the road of progress in
this
matter.
To
this end the Howard League
has
prepared a memorandum entitled
The Accused, An International Survey,
which has been placed before the
governing authorities of the League of Nations and which it
is
our purpose
to review shortly here.
It
will
come
as
an unpleasant shock to most people
in this country to
know
that it is the considered opinion of the authors of
this memorandum
that
“the use of torture
is
more widespread to-day
than it was half a century ago; the evil
is
not extinct but growing.”
Instead
of
attempting any direct investigation of the prevalence of
torture, the Howard League have considered that the best approach is
to commence by making an inquiry into the opportunities which exist for
ill-usage and torture under the criminal procedure of the different states
and
of
the legislative measures which exist for preventing such ill-usage.
In order the better to set the matter
on
foot a questionnaire has been
drawn up which has
been
circulated to knowledgeable persons in
almost
all the civilised communities
of
the world for the purpose of elucidating-
(I)
who has the custody of an untried prisoner,
(a)
before he is brought before an examining magistrate or other
judicial authority? and
(b)
during the preliminary investigation by the examining magis-
trate or’other judicial authority?
(2)
Are there any rules restricting interrogation by the police of the
untried prisoner
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