By Prof Gwen Seabourne, Professor of Legal History (University of Bristol Law School)
In a manslaughter case held in Swansea in 1968,[i] an unusual order was made. Thesiger J. decided that it should be heard by an all-female jury. He made the order under a discretion granted to him by the Sex Disqualification (Removal) Act 1919, the first, and apparently the only time that such an order was made in Wales or England.
The possibility of ordering a single sex jury has long since been removed, but R. v. Sutton was and is important as an event, and as a working-out of the implications of the early, limited, moves towards women’s participation in public life which came with the Representation of the People Act 1918 and Sex Disqualification (Removal) Act 1919. The fiftieth anniversary of the case (and the approaching centenary of the 1919 Act) seems an appropriate moment to sketch some of its claims on our attention. (more…)
On 14 April 2017, it will be three years since we heard the news that 230 schoolgirls had been kidnapped by Boko Haram, causing global shock and horror. Since then, some have been released, and some escaped. However, focus on the Chibok schoolgirls, often overshadows the greater tragedy.
Amnesty International suggests that over 2,000 girls and women have been abducted by Boko Haram across the North of Nigeria. Though, Borno state, (with a landmass slightly larger than Croatia) and its people have borne the brunt of Boko Haram. Boko Haram is the sobriquet for a group whose activities are predicted on a violent abhorrence for ‘Western’ education. The Arabic names they call themselves translate into ‘Group of the People of Sunnah for Preaching and Jihad’ and ‘Islamic State West Africa Province.’ Their vicious campaigns have kept an estimated 120,000 students from education of any kind. Andrew Walker’s book ‘Eat the Heart of the Infidel’ examines how Boko Haram trades on the currency of religion and the politicisation of education to sell violence to its adherents.
Obviously, if any case is to be made against them as regards the abductees, a cause of action would properly lie within national criminal laws or for crimes against humanity. However, due to the ESC nature of the right to education, the 120,000 students who have been excluded from school seem to have very little recourse to contest the violation of their right to education. This is because ESC rights are largely seen as non-justiciable. Also, the demarcation of rights into ESC and civil/political rights does not reflect the historicity and needs of the populace. An interesting approach to this incongruous distinction is taken by the Inter-American Court of Human Rights (IACrtHR). What lessons, I ask, can we learn from the court? (more…)
By Prof Lois Bibbings, Professor of Law, Gender and History (University of Bristol Law School).
History matters in the context of criminal justice; it matters that our criminal justice system lives up to standards of justice and upholds due process in respect of the past. The strength of support for this view is, for example, shown in the successful campaign to pardon men executed by British Forces during the First World War (the Shot at Dawn campaign).
Miscarriages of justice cases, such as those of the Birmingham Six and Judith Ward, also illustrate the importance of righting the wrongs of the past when it comes to crime. One hundred years ago today another such injustice occurred and efforts are now being made to right this wrong.
At the Old Bailey on March 10th 1917 Alice Wheeldon, her daughter, Winnie Mason, and her son-in-law, Alf Mason, were convicted of conspiracy to murder the Liberal Prime Minister David Lloyd George along with the leader of the Labour Party Arthur Henderson and other persons unspecified. Alice was sentenced to 10 years of penal servitude, with Alf receiving 7 years and Winnie 5. Their efforts to appeal were rejected and so they were sent to prison. Alice went on hunger strike, was released early due to ill-health but died of influenza in 1919. Alf and Winnie were released unexpectedly at the end of the war. (more…)