Crown To Appeal (Press, 4 August 1967)
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Summary: Crown To Appeal (Press, 4 August 1967)
On 4 August 1967, it was reported that the Crown will appeal to the Supreme Court following a magistrate's recent decision to discharge two men who had pleaded guilty to charges related to homosexual acts. Crown Solicitor Mr C. M. Roper indicated that he had been instructed to file the appeal, marking today as the last day for doing so. The decision in question occurred on 21 July when the Magistrate vacated the convictions of the two men, who were not named in the report, and discharged them without conviction, relying on section 42 of the Criminal Justice Act. Additionally, both men were mandated to participate in psychiatric or medical treatment as determined by the senior probation officer over the next two years. The men had previously faced sentencing before Mr H. J. Evans, S.M., on charges of committing and permitting indecent acts upon each other. The Magistrate explained that it would be unjust to overlook the "movement of opinion" regarding homosexuality, particularly in light of recent legislative changes in England, where a Bill was approved by the House of Commons on 6 July to decriminalise homosexual acts conducted in private between consenting adult males. The Magistrate expressed that his interpretation of section 42 of the Criminal Justice Act allowed for this consideration, highlighting his awareness that if his interpretation were to be contested, the Crown could appeal on the grounds of a legal error. Specifically, the Crown's right to appeal is established in section 107 of the Summary Proceedings Act, which allows either party dissatisfied with a magistrate's decision, and believing it to be legally erroneous, to appeal to the Supreme Court by presenting a case on a legal question.
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