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Q: Trial Transcripts - English Law ( No Answer,   2 Comments )
Question  
Subject: Trial Transcripts - English Law
Category: Relationships and Society > Law
Asked by: probonopublico-ga
List Price: $10.00
Posted: 15 Jul 2004 22:04 PDT
Expires: 17 Jul 2004 04:18 PDT
Question ID: 374796
I have unearthed a transcript of an in camera spy trial vintage 1940 @
The Old Bailey.

However, the transcript later released into the public domain does not
accurately reflect what the Defendant actually testified. (He is long
dead but evidently never realised the contribution made by a Censor.)

Some 'politically sensitive' content was edited out.

Obviously this was done for a 'very good' reason but has anyone with
an appreciation of English Law got any pertinent observations on the
implications of this?

Many thanks.

Clarification of Question by probonopublico-ga on 16 Jul 2004 02:36 PDT
Hi, Answerfinder

How did I know that you would Find the Answer ... well, perhaps.

The original transcript was 'edited' before being released anywhere
but, curiously, the Index gives two sets of Page Numbers. One set for
'This Copy', and the other for the 'Original Copy'.

However, a Special Branch Report on the trials (there were two
defendants who had opted to be tried separately) has now appeared in
the National Archives and this reveals that one of the defendants made
some politically sensitive assertions in Court that did not get
reported in the Transcript.

They were not tried under the Treachery Act but under the Official
Secrets Act, the Defence Regulations and the Larceny Act. Both
defendants were found guilty and handed down custodial sentences.

As you would expect, both Defendants (and probably everyone else
connected with the case) are now Angels or whatever.

Many thanks for your interest.

Bryan

Clarification of Question by probonopublico-ga on 17 Jul 2004 04:17 PDT
Many thanks for looking AF.

If you can't do it then nobody can!
Answer  
There is no answer at this time.

Comments  
Subject: Re: Trial Transcripts - English Law
From: answerfinder-ga on 16 Jul 2004 00:46 PDT
 
Bryan,
I don?t think I can answer at the moment, but I can think of some
clarification questions. The original transcript ? what set of papers
or file are they in? i.e court records, Special Branch papers. The
amended transcript ? did that come from the same source? During
wartime?  Was it released for the press or was it for the legal use
such as an appeal?
Strikes me that if the trial was held in camera for National Defence,
then they would censor the transcript for the same reasons.

This researcher has also noted the judges? concern with the amount of
information in later press releases.

"All the trial of people charged under the Treachery Act 1940 were
conducted `in camera?. The judges appeared to be concerned about the
amount of information contained in these press releases, which were
issued after the execution of people tried `in camera?."
http://www.stephen-stratford.co.uk/treachery.htm
In fact, the whole of the site may interest you.
http://www.stephen-stratford.co.uk/index.htm

answerfinder-ga
Subject: Re: Trial Transcripts - English Law
From: answerfinder-ga on 16 Jul 2004 04:22 PDT
 
Bryan,
Thanks for the clarification. I don't think I can add anything
meaningful on this one.
Best wishes
answerfinder-ga

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