The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-23
CRIMINAL LAW IN ENGLAND.


CRIMINAL LAW IN ENGLAND.
GOVERNMENT PROJECT FOR THE APPOINTMENT
OF PUBLIC PRosECUToRs-THE DIFFERENCES
WHICH PREVAIL IN THE ADMINISTRATION OF
THE POLICE SYSTEM.
LONDON, Feb. 8, 1875
The government has prepared Dill. which will
be introduced In the House OF Commons almost
Immediately after the meeting OF Parliament for
the appointment Of public prosecutors In England.
! have seen a drat OF this proposed statute. BE.
fore giving summary OF It's provisions shall
state what the condition OF things now Is with re.
gard to criminal prosecutions in this country.
England is the only country In Europe without
public prosecutor. When say so do not except
even the otner portions OF the United Kingdom;
Tor IN Ireland the Irish Attorney General and in
Scotland the Scottish LORD Advocate are public
prosecutors. AS the Scotch law is different from
the English in many respects /: Is not, perhaps,
surprising that its administration should also be
different from the administration or the law In
England; but as. saving In respect OF coercion
acts and the like, the common and statute laws
are precisely the same IN England and ireland,
and as, moreover, their administration gen.
orally is conducted on the same system
In both countries, IL Is astounding that,
while Tor some centuries back there
has been public prosecutor IN Ireland. 1t is only
now we are waking up to the necessity Tor
one in England And this Is all the more wonder.
fu because the abuses and shortcomings resulting
from the want Of such an ofdcial have long been
notorious, and from time to time have been
brought under the notice OF the Imperial Parlia-
ment. In very special cases now
PROSECUTIONS
are conducted by departments OF the government.
Thus the Treasury prosecutes IN some murder
cases and In such cases as the blowing up OF
portion OF the House OF Detention by the Fenians.
Again, the Post once prosecutes when letters
are stolen by sorters or letter carriers, and Mint
prosecutions. e., prosecutions against persons
for coming counterfeit coin or uttering lt-are
conducted under the Attorney General. But nine-
teen.twenteths OF the prosecutions in England
are lett to rake care OF themselves during one
hall her process and 60 a-begglng during the
Otner nail. thousands Of people suifer the loss VI
property rather than attempt 10 bring the thieves
10 justice, so expensive Is II Tor to Instltu
criminal prosecution on his own account. ms,
be II observed III passing. Is the only country IN
criminal court Is permitted And TINS brings me
TO what Is, perhaps the very worst abuse IA the
criminal system oil England.
PRIVATE PRDsEcUTTONs-
that is prosecutions instituted anu carried on by
private persons-are very often adopted Tor the
and shopkeepers VINO find a difficulty IN recover
Ing their money aliege false pretences the part
OF their creditors, where there are really nothing
OF the kind, In order to bring he screw OF criminal
courts TO Dear as q more effective instrument Of
coinpu sion then any that can he found IN civil
proceedings. But even where there IS only
nominal private prosecutor, and criminal pro-
ceedugs are carried out IN a District Court Or a
Court OF County AssiZe tde system OF procedure,
except where department OF the government
prusecutes, IS most Objectionable, ana IN the last
degree unworthy oil great country which uses the
styp UruSernfOr
When a case Is in It's preliminary stage before the
magistrate there IS nobody " conduct
to nave the accused in his charge. Tne
consequence Is that very often cases are sent up
iect depositions. When the prosecution does
reach the Superior Court and the case Is ABOUT 10
be caled on ior tiial, the deposlions are handed
by the Otlicer OF the Court 10 one OF the bar
risters VINO attend the particular Court III search
oil practice. thus II may happen and does oiten
n4puen. that they are hanued to very Incompe-
tent meD-mere wig b ocks-ln whose hands the
cuprit has a Bet err cnaDce OF escape than II no
one at all appeared ior the prosecution. 1t IS
not so
IN IRELAND
There no prosecution can be carried to the Dis
tlct or Assze Court without the fat OF the Attor-
ney General authorizing lurlher proceedings. by
TINS means many aportlve prosecutions are nipped
IN The Dud ana mucn expense saved to the coun-
try as well as mucl injustice TO accused persons.
Moreover. the Attorney General Is represented IN
every criminal court by barrsters Of his selec
ton. anu thus there Is some guarantee Tor the con-
duct OF the prosecution by competent person.
fOr eaCn OF tue Jour provinces or Ireland there IS
a crown solicitor. VINO Is charged with the duty OF
preparing The cases Tor the CRIMINAL courts and
drawing up the DrIe.s Tor the pl osecuting cOun-
sci. ms Is the system which should be adopted
Tor England put
THE BILL
10 which / nave referred, and which has been
drafted In he ON &c Ol the secretary OF State for
tue Home Department, stops considerably snort OF
tue Hlsn precedent 1t empowers Her Majesty 10
appoint Tor the district } the central CRIMINAL
Court, and for such provincial districts sac may
De advised; prosecutors to act under the Attorney
General. she may appoint oarrister or q soIicI-
tr o! u certain number Of years professional
stanulng TO the Office OF prosecutor me NUMBER
OF years Ol prO.e sslUnal standing Is not at u
cnt Dhed up 10 the DRAFT bill. opinion Of Par.
lament VIII be taken Oh tnat point. Inc prose-
cutof Is not TO nave charge OF the case uptlI
nave already stated IL Will he seen that
ths rs manifest defect In the pro posed measure.
lie Is, however, 10 nave authority TO call on tue
offciils Oh ponce courts to furnish MIN with copies
oil dispositions maze IN cases OF persons committed
for tina. All expenses incurred In prosecutions
conducted ny public prosecutor are TO be
charged on the consolidated lunu-thaL ls on the
imperial finances OF the United Kingdom.
No provision Is made la The DRAFT oil Tor the ap-
pointinent OF Darrlsters 10 conduct The cases in
COURT 30 thai, II the Dill should pass IN ITS pres.
ent shaIe, tue selection OF taose bsrristers would
lie with the pubic prosecutor nlmseiL An excel.
lent section Of the craft Oil Is one prOniDltlnQ
any private individual rom proceeding with d
criin MAJ prosecution without the SANCTION oil the
pupnc prosecutor very Objectionable feature
hRatoly Ia It's enactment ,or tine appointment of
puoilc prosecutors. Ine proposed measure win
give rise 10 mucl discussion, and should IL psse
IL VIII De 10 very much altered shape. But that
public proeseutols kagIsna sse esning there