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142 J.P.N. 1 (1978)

handle is hein.journals/cljw142 and id is 1 raw text is: LONDON, SATURDAY JANUARY 7, 1978. Vol 142. No 1. Pages 1 -16 Offices LITTLE LONDON CHICHESTER, SUSSEX Tel: Chichester 87841/2 London Office 7 Bell Yard, Temple Bar WC2 Tel: 01-242 1705 Bookbinding Department 28 St Michael's Street, Oxford Tel: Oxford 43413 @ 1978 Justice of the Peace and contributors The Journal for the Practitioner in the Magistrates' Courts and the Crown Court Established 1837 Registered at the General Post Office as a Newspaper Price 67p (including Reports) 38p (without Reports) notes of the week The Publishers are pleased to announce the following editorial changes: As from next week's issue, Mr. Brian Harris and Mr. Peter J. Morrish become joint editors of the Justice of the Peace, and Mr. G.J.A. Hayward House Editor. Mr. Barry Rose, who has been acting as editor for the past six months, reverts to his former role of Editor- in-Chief. Mr. Harris became the first legal editor in the history of the journal in 1973, and has acted in this capacity ever since. He is responsible for Criminal Jurisdiction of Magistrates and for a number of other works in the field of magisterial law. He is so well-known to our readers that we do not propose to say more than the Publishers are deeply indebted to him for his work in con- nexion with the journal, and that they are sure that in conjunction with Mr. Morrish, his contribution to the journal in the future will be as considerable as it has been in the past. Mr. PJ. Morrish, although the author or co-author of a number of legal textbooks (particularly in co- authorship with Mr. Ian McLean) is possibly not so well known as Mr. Harris to readers of the journal. He has had a varied and most interesting career, which began after military service, in the Metropolitan Police, trans- ferring to the Northern Rhodesia Police for the period 1950-61. He was called by Gray's Inn in 1962, and became a deputy chief clerk of the Inner London Metro- politan Courts' Service for the period 1963-64, when he went as clerk of the courts, County of London Sessions for 1965-66, moving to become assistant clerk of the peace, Lancashire, for 1966-68, and then returning to London as deputy clerk of the peace for the Middlesex Area of Greater London from 1968-70. In 1974 he became Assistant Solicitor, Criminal Appeal Office, Court of Appeal (Criminal Division) serving in this capacity until the present time. As a senior police officer in Nor- thern Rhodesia (now Zambia) he had the advantage of a wide experience of the investigation and prosecution of all types of crime and the problems of developing countries. In England, he has served in the judicial administra- tion of all the criminal courts from the magistrates' courts to the Court of Appeal (Criminal Division). The Publishers are very glad to welcome Mr. Morrish as co-editor. Mr. G.J.A. Hayward has been with the journal for 24 years, the last seven as editorial manager. House Editor is a new appointment for the journal. The Publishers also announce a slight change in title: for 140 years, the J.P. has attempted - its hoped with success - to serve the interests of all who prac- tice in the magistrates' courts, and lat- terly the Crown Court. This change is intended to more clearly define the journal's role in relation to the courts courts. Unusual Developments We sympathize with Plymouth magis- trates who were recently invited to deal with the case of a young man alleging against him the theft of a bottle of wine, not in itself the most difficult type one would have thought. But it was. The prosecution out- lined the unhappy story which started with the accused moving into some- one else's cottage, and taking over ownership in the absence of the owner, under the mistaken belief the property was his. The unfortunate owner re- turned to his cottage to find the ac- cused firmly ensconced there, calmly drinking a bottle of wine found in the house. It was said the accused liked the cottage. The police were called and as the original entry had been by force, the accused was arrested and charged with burglary, housebreaking, using force. It was apparent at an early stage that the accused was men- tally disturbed, and on an early remand bail was granted on condition the accused resided at the local mental hospital. This condition was accepted but broken within days when the accused absconded. Further remands were in custody, including the com- mittal to the Crown Court for trial. At this stage it was ascertained, and not denied, that the accused had re- cently returned from Paris where he had burnt a building to the ground and completely destroyed it although the Paris police were not able to take any action against the accused, or if they were, were not anxious to. With that background, the prose- cution asked for summary trial, be- cause the previous day the Plymouth Crown Court had thought that pro- cedure was adequate and the Crown Court case would be held mean- time. The problem in the Crown Court was that the accused could not plead guilty to the burglary on account of his mental state, and there would be an issue to be tried about the fitness of the accused to plead. In the absence

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