Judicial Decisions Involving Questions of International Law--Joyce v. Director of Public Prosecutions
![handle is hein.journals/ajil40 and id is 669 raw text is: JUDICIAL DECISIONS
JOYCE v. DIRECTOR OF PUBLIC PROSECUTIONS *
HOUSE OF LORDS
[February 1, 1946] 1
Held, (1) that an alien who had resided in this country could be guilty of treason in respect of
an act committed outside the realm; that the appellant while in the realm owed allegiance to
the Crown that by the receipt of the passport he extended the duty of allegiance beyond the
moment when he left the shores of this country; and that so long as he held the passport he
was, within the meaning of the statute of 1351, a person who, if he adhered to the King's
enemies in the realm or elsewhere, committed an act of treason; (2) that the Courts had
jurisdiction to try the appellant; (3) that from the summing-up the jury could not have
failed to appreciate that it was for them to consider whether the passport remained at all
times in the possession of the appellant; (4) that as the appellant had admittedly adhered
to the King's enemies outside the realm he had been rightly convicted of treason.
THE LORD CHANCELLOR.-My Lords, on November 7, 1945, the Court of
Criminal Appeal dismissed the appeal of the appellant, William Joyce, who
had on September 19, 1945, been convicted of high treason at the Central
Criminal Court and duly sentenced to death. The Attorney-General certi-
fied under section 1 (6) of the Criminal Appeal Act, 1907, that the decision
of the Court of Criminal Appeal involved a point of law of exceptional public
importance and that in his opinion it was desirable in the public interest
that a further appeal should be brought. Hence this appeal is brought to
your Lordships' House. And, though in accordance with the usual practice
the certificate of the Attorney-General does not specify the point of law
raised in the appeal, it is clear that the question for your Lordships' deter-
mination is whether an alien who has been resident within the realm can
be held guilty and convicted in this country for high treason in respect of
acts committed by him outside the realm. This is, in truth, a question of
law of far-reaching importance.
The appellant was charged at the Central Criminal Court on three counts,
on the third of which only he was convicted. That count was as follows:
Statement of offence.
High treason by adhering to the King's enemies elsewhere than in the
King's realm, to wit, in the German realm, contrary to the Treason Act,
1351.
Particulars of offence.
William Joyce, on September 18, 1939, and on divers other days thereafter
and between that day and July 2, 1940, being then-to wit, on the several
days-a person owing allegiance to our Lord the King, and whilst on the
said several days an open and public war was being prosecuted and carried
* The Times Law Reports, Vol. 62, No. 10, p. 208.
'Decision was reported on December 18, 1945; this JoumBA, Vol. 40, No. 1 (January,
1946), p. 210, and note.](ViewImageLocal?handle=hein.journals/ajil40&div=44&collection=&method=preview&ext=.png&size=3)
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Judicial Decisions Involving Questions of International Law--Joyce v. Director of Public Prosecutions
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