The "Black Cap" May Disappear!

Auckland Star, Volume LXX, Issue 201, 26 August 1939, Page 9

The "Black Cap" May Disappear!

BEFORE, long it is probable that the black cap, grim symbol of the death sentence, will disappear from English Courts of law, and that the present form of words used to send a murderer to the gallows will be simplified and shortened. This was foreshadowed in the debates on the Criminal Justice Bill, when Sir ' Samuel Hoare, the Home Secretary, said he intended to take "an early opportun- : ity" to discuss the matter with the 1 judges. Xo legislation will be required, bei cause neither the wearing of the black ! cap nor the form of sentence is pre- ' scribed by law. A judge may use any s form of words he chooses in pronounc- ; ing the death sentence. It was in 1903

that the present form of sentence was devised, and it has been used uniformly ever since. On June 10 of that year Lord Chief Justice Alverstone sent a letter to the Home Secretary informing him that the judges had agreed "upon the following form" —which is that now employed. In the new form it is believed that some of the more harrowing parts will be omitted. At some assize courts, the sentence is accompanied by a solemn ceremony which has a distressing effect upon all concerned —not excluding the judge. Upon the verdict of the jury being delivered, the clerk signals to those in court to stand. In silence, the black cap is placed on the head of the judge—and the ceremony ends with a vibrant "Amen" by the chaplain. Much of that will, no doubt, be changed. Many people believe that the black cap is used as a sign of mourning. That is not so.

The square limp piece of cloth is part of the full judicial costume. It is worn at all solemn and ceremonial occasions —when, for instance, the judges receive the new Lord Mayor of London at the Law Courts, or when they attend divine service officially. It is symbolic of the ancient headgear worn by judges. It is also believed to have another significance. At one time it was the clerics who eat on the judicial bench. Their heads bore the clerical tonsure— a round shaving of the crown. Upon this was placed the black cap when sentence of death was pronounced to indicate that the judge was then acting, not as an ecclesiastic, but in his civil capacity. Another symbol of the connection between the Church and the bench is preserved in the judge's regalia. The round orifice nj\ ti>]- >>f his wig is a representation ui liie old clerical tonsure.