Charles Moore: The Spectator's Notes

By Moore, Charles | The Spectator, January 9, 2016 | Go to article overview

Charles Moore: The Spectator's Notes


Moore, Charles, The Spectator


At the end of next week, a judge will decide whether the 'trial of the facts' can proceed now that its subject, Lord Janner, is dead. Janner was accused, on various occasions, of child abuse, though the Crown Prosecution Service, on three occasions, over more than 20 years, decided that there was no case to prosecute. The amazing Simon Danczuk, now himself accused of rape, used parliamentary privilege to accuse Janner of the same crime (plus torture). Last year, Janner was forced to appear in court, though senile. When his senility was upheld, his accusers resorted to a trial of the facts to get their day in court. They were pursuing this aim when Janner died last month. This procedure exists under the Insanity Act. Its use is when criminal proceedings are brought against a person who lacks mental capacity: it is an interim process designed to preserve the safety of the public unless and until the person accused recovers. The trial of the facts can only have one of three possible outcomes -- a hospital order, a probation order, or absolute discharge. In other words, it has a purpose only when the accused person is alive. Yet such is the spirit of the times that the terrified CPS has equivocated on the issue. It must give a view, however, to the judge. If Mr Justice Openshaw decides that the trial of the facts can go ahead, we shall have reverted to a benighted situation, not known for a thousand years, in which the criminal law tries the dead. I can see that this will create exciting new work for lawyers -- let's try Jimmy Savile, the Emperor Tiberius, Adolf Hitler for bombing Coventry! -- but it would also be mad and bad.

A dead person who has, in effect, been tried -- though without any defence being provided -- is George Bell, Bishop of Chichester, who died in 1958. His former diocese announced last autumn that he had abused a child more than 60 years ago, though no evidence has been revealed. It has settled with Bell's anonymous accuser, paying money. I wrote about this injustice in last Saturday's Daily Telegraph . In Tuesday's paper, the present bishop, Martin Warner, wrote a courteous letter in which he recognised the shock of the accusation against Bell (one of the most distinguished bishops in Anglican history), but complained that I gave 'little space or acknowledgment' to the 'perspective' of the 'survivor'. The anguish of an abused person is indeed a terrible thing, but how can I, or anyone, acknowledge that perspective in this case when the point at issue is the facts? Why should we take it from the Diocese of Chichester that she/he is a survivor? It was wrong before in not pursuing real abusers: why will it automatically be right now when claiming to have identified one? The Church, of all institutions, should understand what the presumption of innocence means.

One of the things that worries me about a vote to leave the European Union (which I should like to cast) is that it might cause Scotland to vote to leave the United Kingdom. There's not much point in 'getting our country back' if we then lose it, although I suppose English nationalists would not agree with my definition of 'our country'. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Charles Moore: The Spectator's Notes
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.