THE LAWBREAKER
[To the Editor of THE SPECTATOR.] SIR,—It would be a little more humane to provide methods of instruction or participation in the administration of Justice for Justices of the Peace, other than at the expense of the unfortunate persons brought before them, as suggested, in a letter in your issue of ;March 17th. Let them confine their attention, as in London, to the Courts of Quarter Sessions or extend the practice to Assizes or The Central Criminal Court, in all of which courts they can be seen but not heard. In order to arrive at an impartial decision on the question of Stipendary v. J.P. I have recently visited many of the Petty Sessional Courts in the provinces, and what a heart-rending experience it has been to see the Great Unpaid at work when they think there are no lawyers present except their clerk.
The defendant, often feeble in body or mind, or both, is usually browbeaten and hampered in his defence by ignorant and self-important justices anxious publicly to enhance their own righteousness and proud of being parochially minded (woe betide a "down and out" from another town who robs a local tradesman), while the legal element is repre- sented by the clerk--sometimes a' qualified solicitor and sometimes not—who in theory is supposed to advise the Bench on matters of law, but actually chats with the Police- prosecutor before and during trial and then confers or retires with the Justices. At least, the old county magistracy were
drawn from a class_ trained_ and educated to handle men and having a strong sense of natural justice. So, indeed, is the average Metropolitan Police Court Magistrate or Provincial Stipendiary.
It has been my lot to study the procedure of many tribunals in many countries, and my humble but considered opinion is that, certainly so far as petty offences and first. offenders are concerned, England is far behind the times except in a few big cities. Legal aid ,is. arbitrarily denied, the new Act notwithstanding. The Englishman, of all men, desires that substantial justice shall be done ; but, there is a conspiracy of silence owing, in part, to the very condensed reports.in the provincial Press which give no inkling of what really takes place in the local Police COurts.-1 am, Sir, &c.,
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