The British Summary Court was a court created by the Treaty of Versailles that sat as part of the Inter-Allied Rhineland High Commission to oversee the occupation of the Rhineland. It lasted ten years, from 1919 to 1929.
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Transcription
ok ok We are the magistrates and we hear all the evidence in the case and decide whether the defendant is guilty or not guilty. It is for the prosecution to prove their case beyond all reasonable doubt otherwise we will dismiss it. Traditionally there are three magistrates. I'm the chair and will decide the case with my two colleagues If my two colleages can't agree I will have the deciding vote occasionally we may have to sit as a pair and then decide the case between us Although we've had some training, we are not legal professionals and we are not paid. Magistrates hear all summary offences within their jurisdiction. They can also hear triable either way offences where the defendant has agreed that this can be case. If we believe that a trial is too serious we can refer the case up to the crown court . Even after we have heard a case we can refer that case to the crown court if we believe that our sentencing powers are not sufficient. I'm the legal adviser to the justices although you make still hear me referred to as the clerk of the court or the magistrates clerk and I am legally trained. My job is to ensure that everything runs properly and all the proper procedures are followed I'll ask a defendant to enter a plea and I will ask witnesses to identify themselves. I will advise the magistrates on legal matters and I will ensure that only admissible evidence is put before the court. If a defendant is unrepresented, I will advise them to ensure they get a fair trial I'm the Usher and I ensure that all witnesses have answered their summons I'll fetch witnesses in when they're called and administer the oath or affirmation when the witness is giving evidence I'll pass exhibits around the court. I can even fetch a glass of water for someone if they are thirsty. You'll hear me say all rise on the prosecutors mister doctors and prosecution caps there are three things that I was proved to the satisfaction of the court firstly the offenses being committed secondly that the defendant has committed the offence lastly that all the evidence has been gathered in accordance with the correct evidence gathered procedures fell to do any of those things and the defendant is entitled to an acquittal ok I will ask questions prosecution witnesses to enable them to give evidence kind of us leading questions will suggest answers obviously I can only present evidence that has been gathered help if there is a case to answer and the defense call witnesses that I can cross examine those witnesses remember the prosecutors are only as good as the evidence they'll skip up photos miss la rollet interests Moncler I can challenge evidence is not been gathered family in accordance with the Police and Criminal Evidence Act 1984 and have the evidence excluded if if so required if you fat for exercise your house correctly can account adequately for all your actions initially little for me to challenge remember it's not for the defense to win the case for the prosecution's lose ok
History
The court was created by the Treaty of Versailles on 28 June 1919, which created the Inter-Allied Rhineland High Commission to supervise occupied territories and "ensure, by any means, the security and satisfaction of all the needs of the Armies of Occupation". This included the ability to create limited laws and ordinances, and a court was needed to enforce them. From 1919 to 1925 the court sat in Cologne, sitting in Wiesbaden from 1926 until the withdrawal of British forces in 1929.[1]
The court was set up like a magistrate's court, with a barrister presiding as a judge and another barrister acting as a permanent prosecutor. The judge would hold temporary military rank, and would normally act as the sole decider of both fact and sentence; if the potential sentence was more than two years, up to five other officers would also sit as judges. The defendant could be represented by any legal counsel, British or German, and the court could work in both the English and German languages.[2] The court heard 4,295 cases between 1919 and 1925, with possible sentences for minor offences including fines and prison sentences of between seven and fourteen days, normally served in a standard German prison.[3] Most cases were about possessing weapons illegally, straying onto British property, occupying carriages in trains reserved for British officers, reckless driving and possessing British Government property. The courts were well attended by German civilians, and German lawyers also attended to make a study of British legal procedure.[4]
Cologne years
Wiesbaden years
Major H. Gatehouse was the presiding barrister during the period 1926–1929. The court dealt with 595 cases. Of these 54 resulted in acquittal. The bulk of the cases were charges against women in respect of violation of deportation orders made by the High Commission. The sentences did not exceed 9 months imprisonment, a sentence which was served in a German prison.[5]
References
Bibliography
- Carsten, F.L. (1944). "The British Summary Court at Wiesbaden, 1926-1929". Modern Law Review. 7 (4). Blackwell Publishing: 215–220. doi:10.1111/j.1468-2230.1944.tb00986.x. ISSN 0026-7961.
- Edmonds, James (1987). The Occupation of the Rhineland, 1918-1929. HMSO. ISBN 0-11-290454-8.
- Pawley, Margaret (2008). The watch on the Rhine: the military occupation of the Rhineland, 1918-1930. I.B.Tauris. ISBN 978-1-84511-457-2.
This page was last edited on 12 August 2023, at 17:31