The Bee-Hive. — 1876-09-30 (London, England)

CODIFICATION OF TIIE LAW.  A paper on the subject of Codification, by Mr. Henry Crompton, was read by Mr. Broadhurst, the Secretary. The writer in the course of his paper said ;—For some years past the Trades Union Congresses have been urging upon the Government and the Legislature various large reforms of the criminal law. These efforts have had a remarkable success. Thu whole policy and attitude of the criminal law has been changed. Whether any further changes be required or not, these laws are now based on social equality, and not on distinction of classes. Besides this, certain secondary revolutions have been obtained. When the Conspiracy Act gave the accused some cases the option of trial by jury a new constitutional prin. ciple received a partial acknowledgment. This exceptional privilege ought to become general. Wherever a magistrate has to inflict a direct sentence of imprisonment the accused ought to have the legal right of trial by jury. This principle should never be lost sight of, and should henceforth be a landmark of constitutional liberty. In the Conspiracy Act another important change was introduced by allowing husband and wife to be competent witnesses for each other; but, if right in respect of crimes relating to labour, why not in the more serious crimes like murder ? These instances show how deeply the labour law agitation has affected the criminal law of the country, and rendered a reform of the whole penal law necessary. The Trades Congress has, moreover, luckily succeeded in bringing the whole subject of summary justice before the House of Commons, and in obtaining from the Government a promise of legislative redress. Hitherto codification has only been urged upon the nation by eminent jurists and professors. It has never been demanded by a political or popular cry. But this year, upon two public occasions, the Lord Chief Justice of England (Sir Alexander Cockburn) has thought it right to come forward, and, with the immense weight attaching to his name and position, seriously to warn the public and the Legislature of the necessity of' this work being accomplished, by pointing out that the first and the most important part of the work was the construction of a criminal code. The criminal law can be more easily and more quickly codified than the other parts of the law. A large amount of the preliminary work has been accomplished. A penal code has already been drawn up for our Crown Colonies, and a code of criminal procedure is in the course of construction. It may be safely seen that these will be very superior to our present laws, though we have materials from which a far better code might be drawn up for this country. Then why is it not done? Simply because nobody cares. It is not a political affair; it can't give rise to political agitation, but would be the private work of a few competent men. 'We see five or six bills brought in every session to patch up some of the defects or remedy some of the evils of the criminal laws. Such miserable patchwork is worse than useless. What is wanted is systematic revision and reconstruction of the whole, proper definition where definition is required, and simplification throughout the language of the law. The penal code should be intelligible to every man of ordinary understanding. It should be reduced to three small 701ume8—the code of crimes, the code of police, and the code of procedure. These should be published, and sold cost price by the Government, so as to bring the law to every man's knowledge. Nothing would contribute so much to the grout object of making the whole people cooperate to support the justice of the country, not only by public opinion, but by taking part, as far as possible, in the ,actual administration of the law.