If you have issues viewing or accessing this file contact us at NCJRS.gov. C /I~ ",,'r-,..f ';) .... "3., -'(''1,./ 24th annual report JUNE 1981 U.S. Department of Justice 80693 National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. \ Permission to reproduce this copyrighted material has been granted by I Tom Sargant , to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis­ sion of the copyright owner. " , . ~',; . ' ;.,. '., . ~-- - -------- ~-- ------ , 'JUSTICE British Se-~l'i<fh'oT'''the International Commission of JUrists CHAIRMAN OF COUNCIL Sir John Foster, K.B.E., Q.c. CONTENTS VICE-CHAIRMAN PAGE Lord Foot Chairman's Introduction 3 Human Rights CHAIRMAN OF EXECUTIVE COMMITTEE 6 Paul Sieghart Royal Commission on Criminal Procedure 8 Complaints against the Police ... VICE-CHAIRMAN 12 Miscarriages of Justice '" William Goodhart, Q.C. 14 Compensation for Wropgful Imprisonment HONORARY TREASURER 22 Prisoners' Rights Committee Philip English 22 Court of Last Resort 23 COUNCIL Financial Relief after Foreign Divorce ... Peter Archer, Q.c., M.P. Sir Jack Jacob, Q.C. 23 Peter Carter-Ruck Committee on Civil Procedure ... Ivan Lawrence, Q.C., M.P. 24 Diana Cornforth Anthony Lester, Q.c. Official Receivers Anthony Cripps, D.S.O., Q.c. 24 Blanche Lucas Information Law Prof. Aubrey Diamond Edward Lyons, Q.C., M.P. 25 Sir Denis Dobson, K.C.B., Q.C. British Nationality Norman Marsh, C.B.E., Q.c. 26 Michael Ellman Andrew Martin, Q.c. Public Order Act ... Lord Elwyn-Jones, C.H. Gavin McKenzie 27 Lord Gardiner, C.H. Ainslie Nairn JUSTICE-All Souls Review 28 Edward Gardner, Q.C., M.P. Anthony Pugh-Thomas Administrative Law Prof. J. F. Garner 29 Lord Rawlinson, Q.c. Courts Administration Committee Geoffrey Garrett, M.B.E. Michael Sherrard, Q.C. 30 Gerald Godfrey, Q.C. International Commission of Jurists Laurence Shurman 31 Prof. Roy Goode, O.B.B. Sam Silkin, Q.c., M.P. Membership and Finance David Graham, Q.C. David Sullivan, Q.C. 32 Percy Grieve, Q.c., M.P. Norman Turner, C.B.E. JUSTICE Educational and Research Trust 33 Joseph Harper Charles Wegg-Prosser Annual General Meeting Sir Desmond Heap 34 David Widdicombe, Q.c. John Alderson's Address Muir Hunter, Q.c. Lord Wigoder, Q.C. 35 Annual Members' Conference 37 December Recital SECRETARY 37 Visit of French Section \ Tom Sargant, O.B.E., J.P., LL.M.(Hon.) 37 Hong Kong Branch 38 LEGAL SECRETARY Scottish Branch ... R. C. H. Briggs 39 Bristol Branch 39 LEGAL ASSISTANT Membership Particulars ... P. F. Ashman 40 Publications 41 DIRECTOR OF RESEARCH Alec Samuels, J.P. 95A Chancery Lane, London WC2A 1DT 01-4056018 " Extracts from the Constitution CHAIRMAN'S INTRODUCTION In last year's Annual Report I was able to record the publication of four important reports on a wide range of subjects. During the past PREAMBLE twelve months our committees have been working just as hard but some of them are not yet ready to report. The JUSTICE-All Souls Review Whereas JUSTICE was formed through a common endeavour of of Administrative Law, which is very wide-ranging, has recently lawyers representing the three main political parties to uphold the completed a discussion paper for circulation to interested parties. We principles of justice and the right to a fair trial, it is hereby agreed and have, further submitted a number of memoranda to official declared by us, the Founder Members of the Council, that we will committees. These include a memorandum on the Reform of the faithfully pursue the objects set out in the Constitution of the Society Public Order Act, a critical appraisal of the Triennial Review Report without regard to considerations of party or creed or the political of the Police Complaints Board, a memorandum to the Department of character of governments whose actions may be under review. Trade strongly criticizing its proposal to abolish the office of the Official Receiver in Bankruptcy, and answers to a Law Commission We further declare it to be our intention that a fair representation of Questionnaire on Financial Relief after Foreign Divorce. the main political parties be maintained on the Council in perpetuity All these are summarised in the body of this report. and we enjoin our successors and all members of the Society to accept Our committee on British Nationality, with the full support of the and fulfil this aim. Executive Committee, has been particularly active in pressing on the Government and M.P.s our main objections to the British Nationality OBJECTS Bill which is now on its way through Parliament. We take the view that the Bill will leave far too many citizens of the United Kingdom The objects of JUSTICE, as set out in the Constitution, are: and Colonies without a right of abode in any territory, will abolish the age-long Common Law right to British Nationality of a person born in to uphold and strengthen the principles of the Rule of Law in the the U.K. and will create many anomalous and unjust situations. More territories for which the British Parliament is directly or ultimately importantly, it would give the Home Secretary, which means in effect responsible; in particular to assist in the maintenance of the highest Home Office officials, an absolute discretionary power which cannot standards of the administration of justice and in the preservation of the be challenged in the courts on any grounds whatsoever. fundamental liberties of the individual; Since last October we have set up three new committees. The first is examining every aspect of prisoners' rights, an area in which the to assist the International Commission of Jurists as and when requested United Kingdom is becoming the subject of increasing criticism, if not in giving help to peoples to whom the Rule of Law is denied and in condemnation, by the European Commission of Human Rights. The giving advice and encouragement to those who are seeking to secure the second is looking into the adequacy of existing remedies for fundamental liberties of the individual; complaints of maladministration in the courts. The third has been asked to formulate reforms in civil procedure which are generally to keep under review all aspects of the Rule of Law and to publish such regarded as desirable and could be implemented without primary material as will be of assistance to lawyers in strengthening it; legislation. The recommendations of the Royal Commission on Criminal \ to co-operate with any national or international body which pursues the Procedure are dealt with at some length in the body of this report. If aforementioned objects. fully implemented and given statutory force they should bring an improvement in the present unsatisfactory state of affairs; but they evade the thrust of our two main recommendations, namely that incriminating statements should not be admitted in evidence unless they are authenticated and that the responsibility for deciding criminal charges, and not just the right to refuse to put them forward, should be given to independent prosecuting solicitors. For myself, I would have liked to see the Commission propose 2 3 , more radical changes in our present system, particularly in respect of to celebrate Tom Sargant's 75th birthday. It was attended by over 50 the right of silence. I regard it as ridiculous that, when a suspect is past and present members of the Council and Lord Elwyn-~ ones pai? clearly anxious to confess his part in a crime, a police officer should a generous tribute to his 24 years' devoted servi.ce to the SOCIety .. I.n hIS have to warn him of the consequences of doing so, or that a solicitor reply Tom Sargant paid his own warm trIbute to the spmt ?f present at the interview should be able to advise him not to answer any friendship and goodwill which the Council and all the membershIp questions. The important thing is that whatever takes place at the had consistently shown to him. interview should be truly reported in the court of trial. If an accused We welcome the setting-up, in the Netherlands last year, of the has personal reasons for not giving information, or is in fear of his European Human Rights Foundation, a trust fund supported by the accomplices, then he should be allowed to inform the court. EEC and others to help advance human rights in the world by My main fear, however, is that the safeguards proposed by the providing much-needed finance for new and existing activities in this Commission will be still further emasculated when they emerge from field. Its administration is provisionally being carried out from our the Home Office in legislative form. These fears are not groundless. offices by Peter Ashman. The recommendations of the Devlin Committee on Evidence of Finally, I should like to thank most warmly all those members who Identification have been sidetracked by the failure to give them have helped in the work of our committees du~ing the year or w~o statutory force. Perhaps this is not really surprising. After all, the have assisted in the preparation and presentatIon of appeals or m Home Office is responsible for the security of the realm, the police and advising on civil cases. the prisons-as well as the state of the criminal law and the administration of criminal justice (which ought to include the redress of injustice).