CROWN TO APPEAL

Press, Volume CVII, Issue 31439, 4 August 1967, Page 12

CROWN TO APPEAL

Homosexual Case

The Crown will appeal to the Supreme Court against a magistrate’s recent discharge of two men who had pleaded guilty in the Magistrate’s Court to charges relating to homosexual acts.

The Crown Solicitor (Mr C. M. Roper) confirmed yesterday that he had been instructed to lodge an appeal, today being the last day such appeal may be filed. On July 21, the Magistrate vacated the convictions, and discharged both men, without conviction, under section 42 of the Criminal Justice Act. Their names were suppressed. Both men were ordered to submit themselves to such psychiatric or other medical treatment within the next two years as the senior probation officer decides. The two men, who appeared for sentence before Mr H. J. Evans, S.M., on July 21, had previously pleaded guilty to, and been convicted on charges of committing and permitting indecent acts upon each other. Magistrate’s Comments The Magistrate,/ in his decision, said it would be wrong to ignore “the movement of opinion . . . which has now all but culminated in an amendment of the law in England making homosexual acts in private between consenting adult males no longer a crime.” [The House of Commons approved a Bill to this effect on July 6.] The Magistrate said that in his understanding section 42 of the Criminal Justice Act was wide enough for such a consideration. He said that he reached his decision knowing that if his understanding of the section was considered erroneous the exercise of his discretion could be appealed against. The Crown's right of appeal is contained in section 107 of the Summary Proceedings Act, which provides that where any complaint or information is determined by a magistrate, either party may, if dissatisfied with the determination and considering it has been erroneous in point of law, appeal to the Supreme Court by way of a case stated on a question of law.