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I agree that it is a pity that legal aid does
not extend to the Magistrates Courts. When it does, as it inevitably will in time, we shall require more magistrates, for experience shows that trials where there is representation are longer.
As to the severity of sentences. There are many appeals against sentence. The Prisons Department informs each convicted person of his right of appeal. Even then, the Court of Appeal not infrequently allows an appeal to be brought out of time. No one has brought to my attention a case such as is referred to here. And I myself know of no "draconian" sentence passed. Our sentences are relatively more severe than those passed in England.
It
We do all we can to shorten the time between conviction and sentence and the hearing of an appeal. must be remembered that in many cases the record of proceedings is enormously long. This is especially so in some of the I.C.A.C. cases where the whole expenditure of an accused person may have to be examined over a long period. It is the duty of counsel who conducts a criminal case after there has been a conviction, to advise his client whether he has good grounds to appeal. The quality of counsel here is such that only in the rarest of cases is this done before a transcript of the trial is procured. Nor do counsel here state which particular parts of the transcript they consider necessary for their appeal. Consequently, much time (and money) is wasted because the whole transcript has to be typed. This will improve when we get our new recording system.
A word on "Frame-ups". This is not an infrequent plea. It is the only defence to a crime such as being in possession of dangerous drugs where there are but two witnesses, the arresting officer and the accused. There are many similar crimes. I am not certain whether the number of arrests made by a constable affects his promotion. But I should say that the answer is 'No' so far as these minor offences are concerned.
As to the general criticism of the legal system. The answer is that it is the best that has yet been devised. If Mrs. Elliott can devise a better, let her try. It works very well in squeral. I have stated my
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