THE JUSTICE OF THE PEACE
[To the Editor of Tam Sracrazoa.1 venture to comment on two letters in The Spectator of January 13th and 20th. On January 18th, Mr. Coppersmith writes " There is a dishonest side—I have known benches before which it was impossible to convict or acquit a friend or an enemy, as the case might be, of the tribunal."
On January 20th " A Clerk " writes : " Mr. Coppersmith touches lightly on dishonest Benches—such do—alas !—exist." These are very serious statements to make against His Majesty's Justices of the Peace, whose first qualification is good character. There are in this country approximately 24,000 men and 2,800 women magistrates.
If Magistrates had been a failure and guilty of dishonest practices, would they have " flourished and waxed more powerful for 800 years " ?—I quote again from " A Clerk " Moreover, would the Justices have been and still be, in an increasing degree, entrusted with larger jurisdiction by the higher legal authorities, and, in addition, retain the confidence of their fellow citizens ?
In my view, the average number of Magistrates sitting together in a Court of Justice is, say, five. Is it suggested that five J.P.'s—representative of every rank of society- " put their heads together " to convict or acquit a friend or an enemy—as the case might be—of the Tribunal ?
Mr. Coppersmith writes : " Mr. Walling, in his article of December 28rd says the Magistrates gradually acquire know- ledge. That must be a great comfort to a man unjustly convicted' or Improperly punished while the Justices are acquiring that knowledge."
My answer is that a Rota which consists of, say, two Senior, two Junior and one recently appointed Magistrate operates in the majority of Courts ; there would be no possibility of five recently appointed Magistrates adjudicating together.
A defendant has the right of appeal against the decision of the Justices. During my period of almost twenty years on the Bench I can recollect very few appeals not only in this area but elsewhere.
It is well to remember, as stated 'by Mr. Walling, that although Magistrates are unsparing of their time in manning the Courts, far greater labour attends their extra duties of, which the public hears little or nothing.
Magistrates in their own homes, at all hours of the day and in the evening receive applicants with documents requiring the signature of a J.P. Would this latter time suit a pro-
fessional Magistrate whose hours presumably would be from 1020 to 4.80 1 " Call tomorrow " is not in use by the " Great Unpaid." I should have stated that for certain offences the defendant has the right—if he so wishes—to be tried by a Jury in place of the Magistrates ; he seldom exer- cises this right.—I am, Sir, &c., J. HaiumEsrr TWAMLEY, J P
H.M. Prison, (Honorary Treasurer, Bedfordshire Bedford. Discharged Prisoners' Aid Society).
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