Checking Trials "In Camera"

Auckland Star, Volume LXX, Issue 29, 4 February 1939, Page 9 (Supplement)

Checking Trials "In Camera"

Magistrates in ..England have been given to under-'J stand by the Home Secretary that he dislikes secret trials in their courts. \ In his view, they should hear cases in private only where the most pressing and unusual circumstances make it necessary in the interests of justice. There is little doubt that magistrates will pay duo heed to this intimation, and so check a tendency whipli lias been growing in recent months. . Although it may be publicly noticed only in sensational cases, there is more "sitting in camera" in magistrates' Courts than is commonly supposed. There is, of course, nothing corrupt in the practice—but the dangers are obvious. It is for the express purpose of promoting the interests of justice that resort has been had to secret hearings — but, as the Lord Chief' Justice has pointed out, justice, in addition to being done, must be .seen to have been done. The extension of secret hearings was encouraged by advice given lately at a magistrates' conference in the Midlands. Two stipendiary magistrates expressed the view that if the preliminary hearing of a case were widely reported, then members of the jury, having read all about it, might have reached preconceived conclusions. This, of course, applies only to indictable cases which the magistrates either dismiss or commit for trial. In these cases the law specifically provides that they may' sit without the presence of the Press or any member of the public. The, Homo Secretary clearly shares the views of those experienced magistrates who have declared that tho

dangers- of such a course far exceed the alleged benefits. ... * '2 : . " * : K6w that' the matter lias'been raised, inquiry is likely to be made* into other cases where magistrates sit in private. For example, where the adoption of children is concerned, nobody except those' persons immediately connected with tho case is allowed to be present. The destiny of hundreds of children is determined behind closed doors every year. From the making of an adoption order there is no appeal—and the order is irrevocable. .

Tens of . thousands pf children and young persons are brought before juvenile Courts every year. Hero the proceedings are semi-private, and Press representatives are under severe restrictions as to what they may ..report. In the case of matrimonial Courtsset up just over a year ago—no member of the public may attend without special leave of the Court. The importance of avoiding anything in. the nature of secret trials can be realised from the fact that aJbout a million persons arc brought before the justices every year. About SOO,OOO of them are convicted.