The Assizes
| DOI | 10.1177/002201835702100103 |
| Published date | 01 January 1957 |
| Date | 01 January 1957 |
| Subject Matter | Article |
The
Assizes
STATUTORY NOTICES OF PREVIOUS CONVICTIONS AND SENTENCES
R.
v. Beresford
ATLincolnshire
autumn
assizes on 3 1st October 1956 before
Stable J.
the
question of
the
validity of a notice
under
s. 23 of
the
Criminal Justice Act 1948 arose. Sub. s. (2)
of
that
section provides:
"For
the
purposes of this section,
evidence
that
aperson has previously been sentenced to
corrective training or preventive detention shall be evidence
of the convictions and sentences which rendered him liable
to
that
sentence."
The
notice proved set
out
only one previous
conviction
and
asentence of corrective training in respect of it.
Stable J. said that, as he did not intend to act on
the
notice, he would not expressly decide the point,
but
that
his
view was that
the
notice was invalid by reason of the fact
that
it referred to one previous conviction only; that, to be valid,
anotice should set out all
the
previous convictions
and
sentences on which it was intended to rely;
and
that the only
effect of s. 23 (2) was to render
the
sentence of corrective
training or preventive detention evidence of
the
previous
convictions
and
sentences on which it was based, if
the
prisoner should seek to dispute any of these.
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