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3 How. J. 1 (1930-1933)

handle is hein.journals/hjcj3 and id is 1 raw text is: SEPTEMBER, 1930 THE HOWARD JOURNAL The Official Organ of the Howard League for Penal Reform EDITORIAL Page Page The Poor Prisoners' Defence Bill I Corporal Punishment 6 Hisorins t te Hme ,Tie z The Death Penalty: Guilt and Historians at the Home Ofice .8. 2 The Magistrates' Clerk and the The Break-up of the Prison System 8 Police 4 Murder and the Death Penalty in The Children Bill.. .. .. 5 Chicago .. .. .. .. 10 THE POOR PRISONERS' DEFENCE BILL. As we write, the Poor Prisoners' Defence Bill has passed both Houses of Parliament with the blessing of the Government and the co-operation of all three parties, and has received the Royal Assent. It has had a good press and everyone rejoices that such a valuable measure has reached the statute book in good condition. This Journal is the official organ of the Howard League for Penal Reform, and we crave the indulgence, always granted to fond parents, while we remind our readers that the Howard League is the onlie begetter of the Poor Prisoners' Defence Bill, and give some account of the child's birth and upbringing. The way was prepared by the publication in 1926 of the League pamphlet, Counsel for the Defence, which described the law and practice of England and other countries in regard to Legal Aid for the Poor and showed the points at which the Poor Prisoners' Defence Act of 1903 failed to give adequate protection to the poor man charged with a serious offence. In the same year, the Finlay Committee published Part I. of its Report on Legal Aid and the subject enjoyed a few days of newspaper publicity before the Report was decently hidden away in its pigeon hole at the Home Office. At this point, the Howard League, seeing no prospect of a Govern- ment measure, prepared its own Bill with the help of a number of magis- trates and other experts, who must be nameless and find their only reward in seeing the fruit of their labour. The original draft provided for legal aid to be granted at the discretion of the Court to any poor person, charged with any offence, before any Court, when in the opinion of the judge or magistrate such aid was desirable in the interests of justice. In the case of a murder charge it required magis- trates to certify, regardless of circumstances, if the prisoner were unable to pay for his own defence. Thus it abolished the condition laid down in the Act of 1903 that legal aid could only be given when the prisoner had pleaded Not Guilty and disclosed a reasonable line of defence, and it I Voi. IIl-No. i.

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