The Administration of Justice in Criminal Matters in England And Wales
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, 1879) and this power has recently been ii] THE PRIVY COUNCIL 133 • 1 ■ "h extended by s. 40 of the C. J. A. Act, 1^14. This is a matter which appertains to the executive rather than to the judicial power ; but it is understood that these rules, though signed by the Lord Chancellor so as to give them effect, are really prepared in the Home Office.
VIII. THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL (as an imperial court of criminal appeal) Although not quite within the purview of this work, it m...ay not be altogether out of place to state the position of the above- named authority in regard to criminal law, more particularly as the matter has very recently been the subject of an important judicial pronouncement. In Arnold v. The King-Emperor (L. T. Rep. Vol. Ill, p. 324; Oct. 24, 1914) it was decided that "although the Crown has authority, by virtue of the prerogative to review the decisions of all colonial courts, whether the pro- ceedings be of a civil or a criminal character, unless such authority has been expressly parted with, the Judicial Committee will not review or interfere with the course of criminal law unless there has been such an interference with the elementary rights of an accused as has placed him outside the pale of regular law, or unless, within that pale, there has been a violation of the natural principles of justice so demonstratively manifest as to convince their Lordships that the result arrived at was opposite to the result which they would themselves have reached, and that the same opposite result would have been reached by the local tribunal if the alleged defect or misdirection had been avoided.
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To quickly assess the difficulty of the text, read a short excerpt:
, 1879) and this power has recently been ii] THE PRIVY COUNCIL 133 • 1 ■ "h extended by s. 40 of the C. J. A. Act, 1^14. This is a matter which appertains to the executive rather than to the judicial power ; but it is understood that these rules, though signed by the Lord Chancellor so as to give them effect, are really prepared in the Home Office.
VIII. THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL (as an imperial court of criminal appeal) Although not quite within the purview of this work, it m...ay not be altogether out of place to state the position of the above- named authority in regard to criminal law, more particularly as the matter has very recently been the subject of an important judicial pronouncement. In Arnold v. The King-Emperor (L. T. Rep. Vol. Ill, p. 324; Oct. 24, 1914) it was decided that "although the Crown has authority, by virtue of the prerogative to review the decisions of all colonial courts, whether the pro- ceedings be of a civil or a criminal character, unless such authority has been expressly parted with, the Judicial Committee will not review or interfere with the course of criminal law unless there has been such an interference with the elementary rights of an accused as has placed him outside the pale of regular law, or unless, within that pale, there has been a violation of the natural principles of justice so demonstratively manifest as to convince their Lordships that the result arrived at was opposite to the result which they would themselves have reached, and that the same opposite result would have been reached by the local tribunal if the alleged defect or misdirection had been avoided.
What to read after The Administration of Justice in Criminal Matters in England And Wales?
You can find similar books in the "Read Also" column, or choose other free books by George Glover Alexander to read onlineMoreLess
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