Case For Abolition Of Lower Court Hearings

Press, Issue 30997, 1 March 1966, Page 1

Case For Abolition Of Lower Court Hearings

The abolition of preliminary lower court hearings of indictable charges was strongly favoured by British legal opinion, said Lord Shawcross, a prominent British legal political figure, in Christchurch yesterday.

Lord Shawcross, as a director of Electrical and Musical Industries, Ltd., was in Wellington recently for the opening of a new record factory.

Speaking of press publicity of lower court hearings. Lord Shawcross said it was essential that the press be admitted to such hearings, but it would be best if lower court hearings were abolished in all cases but those in which the defendant insisted on a preliminary hearing. This would save both time and expense. The preliminary court hearing would be replaced by the police deciding whether to bring the prosecution. If they

decided to proceed, copies of the prosecution evidence would be made available to the defence. If the defendant did not insist on a lower court hearing, there would be no newspaper publicity until the high court sitting, as the matter would be sub judice once charges were preferred. If the defendant insisted on a lower court hearing he would have to accept the publicity. “No Contest”

If such a system were adopted very few defendants would demand a preliminary lower court hearing, Lord Shawcross said. At present in Britain it was usual for the defence to be reserved at the preliminary hearing, hence there was usually "no contest.” He was sure it was important for the press to be admitted to all court hearings, and the newspapers had a vital role to play in judicial proceedings. Court proceedings in camera could not be permitted. There was no doubt that publicity in court cases was part of the penalty for the offender. It was a definite deterrent, and if hearings

were held without publicity the offender might well continue to be regarded in the community as an honest and upright citizen. This would be a great encouragement to crime.

Justice should be done in the light of day. Also, it often happened that because of proceedings being reported. new witnesses came forward. Sometimes this helped the defence, sometimes the prosecution, but whichever side was assisted the course of justice profited. Distinguished Career

Lord Shawcross arrived in Christchurch yesterday, and left by air for Australia last evening.

During his career he has held many important legal and political posts. He was prosecutor for Britain at the Nuremberg trials, AttorneyGeneral in the Labour Party's first post-war Government, president of the Board of Trade in 1951, a member of the International Court of Arbitration, The Hague, chairman of the Royal Com mission on the press from 1961 to 1962, and a British delegate to the United Nations from 1945 to 1949.