Rose VP in R. v. Bradley [2005] EWCA Crim. 20:
“It is in the public interest that the criminal law and its procedures, so far as possible, be clear and straightforward so that all those directly affected, in particular, defendants, victims, the police, the probation service...1/
“It is in the public interest that the criminal law and its procedures, so far as possible, be clear and straightforward so that all those directly affected, in particular, defendants, victims, the police, the probation service...1/
… jurors, lawyers for defence or prosecution, judges and magistrates, professional and lay, should be readily able to understand it. Sadly the provisions of the Criminal Justice Act 2003, which we have had to consider on this appeal, are, as is apparent … 2/
… conspicuously unclear in circumstance where clarity could easily have been achieved. It is not this Court's function to identify whether the government, Parliament or Parliamentary draftsmen are responsible for this perplexing legislation. It is this Court's duty loyally … 3/
… to glean from the statutory language, if it can, Parliament's intention and this we have sought to do in the face of obfuscatory language. The public is entitled to know of the difficulties which such legislation creates for all concerned. 4/
… The point is graphically highlighted in the present case, because the Crown have advanced to this Court
a construction of the statute which is completely contrary to that suggested by the Home Office press release on the day the provisions came into force. 5/
a construction of the statute which is completely contrary to that suggested by the Home Office press release on the day the provisions came into force. 5/
… It is more than a decade since the late Lord Taylor of Gosforth CJ called for a reduction in the torrent of legislation affecting criminal justice.
Regrettably, that call has gone unheeded by successive governments. Indeed, the quantity of such legislation has increased … 6/
Regrettably, that call has gone unheeded by successive governments. Indeed, the quantity of such legislation has increased … 6/
… and its quality has, if anything, diminished. The 2003 Act has 339 sections and 38 schedules and runs to 453 pages. It is, in pre-metric terms, an inch thick. The provisions which we have considered have been brought into force prematurely … 7/
…before appropriate training could be given by the Judicial Studies Board or otherwise to approximately 2,000 Crown Court and Supreme Court judges and 30,000
magistrates. In the meantime, the judiciary and, no doubt, the many criminal justice agencies for which this Court...8/
magistrates. In the meantime, the judiciary and, no doubt, the many criminal justice agencies for which this Court...8/
… cannot speak, must, in the phrase familiar during the Second World War "make do and mend". That is what we have been obliged to do in the present appeal and it has been an unsatisfactory activity, wasteful of scarce resources in public money and judicial time.” 9/
Thank goodness that admonition has been heeded & nothing like that happens now. It would be unthinkable that in the last 15 years successive governments should have allowed to such a dire set of circumstances to continue, still less that they should have made them worse. 10/10
@threadreaderapp please unroll.
