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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
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                                                                               @  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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