There was none of the usual introduction to these episodes about the jury being made up of ordinary members of the public. Which makes me think that, unlike other Crown Courts, this one was entirely scripted, including the verdict and what happened after it. Which would make sense because I imagine the producers wouldn't have wanted the risk of losing the drama at the end because a bunch of random folk hoiked off the street saw things differently from how they were supposed to. Compelling drama, but I can't help thinking that a case of this seriousness would have gone to the Old Bailey and not Fulchester Crown Court.
The last people to be hanged in the UK were two men, Peter Allen and Gwynne Jones who were hanged on the same day in 1964. In Britain the death penalty for murder was abolished for an experimental period of 5 years in 1965. It was abolished permanently in 1969. Free votes were held on the restoration of capital punishment in 1979 and 1994 but both times it was rejected. However capital punishment could in theory still be used for other crimes. Capital punishment for arson in the Royal Dockyards was abolished in 1971. In 1998 it was abolished for treason and piracy with violence. (The last person actually hanged for treason in Britain was Theodore Schurch in 1946). In 1999 the British Home Secretary signed the 6th protocol of the European Convention of Human Rights, formally ending capital punishment in the UK.
William Joyce was the last person to be executed for treason in the UK, Theodore Schurch was executed the following day but not for treason, he was convicted of 9 counts of treachery and desertion with intent to join the enemy. Treason and treachery are not the same.
@@holmanrw that is correct. The Treatery Act was passed in 1940, because the rules of evidence for proving guilt in a Treason trial were thought to be too exacting. The Treatery Act presents a lower evidential bar, thus ostensibly reducing the difficulties inherent in getting a conviction.
@@holmanrw Agreed. Also it should be noted that William Joyce's conviction for treason was highly dubious as he was an Irish-American citizen who was granted German citizenship during WW2.. What convicted him was his fake (yet approved) application for a British passport just before WW2. I believe that if there is ANY doubt as to someone's guilt for a Capital offence then they should be found not guilty. Death cannot be reversed.
The three older men in the Jury would most likely have been WW2 veterans, so their vote for Guilty would be easy to guess as they would be for Queen and Country and hate those that commit Treason
In all probability, were this real, his sentence would have been commuted to life imprisonment almost immediately. Still, he would get the bragging rights and the place in pub quiz history of being the last man sentenced to death in Britain!
no it wouldnt ! in all reality it would be commuted ! they was one working gallows that was tested up until the 90s for the remaining capital crimes ! the last man ever sentenced to death in GB was in the 80s for capital murder in states of jersey ! commuted to life with perole by the prime minster or home secatery
@@geezerp1982 No. The Wandsworth infrastructure was only maintained officially until the mid-70s. It remained after that purely out of inertia; all subsequent testing was unofficial. The contracts for the manufacture of execution equipment also ended in the late 1960s. The entire 'mechanism' for carrying out death sentences had been dismantled by the Home Office, and it would never have been reinstated for a one-off. That's not even getting into the issue of the absolute lack of will in government and the civil service to do so. You inadvertently prove it yourself by bringing up the fact that the Jersey case ended in a commutation, not an execution.
The last person executed for treason in the United Kingdom was William Joyce in 1946. If the trial depicted here had actually taken place it would have been the first trial for treason held in this country for 27 years and also the first death sentence passed in Great Britain since 1965, when I believe a man named Chapman was sentenced to death for a murder committed in Scarborough, but capital punishment was abolished (Initially for five years) before the sentence was carried out, and was instead commuted to life imprisonment. Inteterestingly, capital punishment for murder remained in force in Northern Ireland until 1973 in which year the last death sentence was passed there, but again hanging was abolished there before the sentence was carried out. If this trial had actually taken place and the death sentence passed I suspect it would have been commuted to life imprisonment.
Agree with your point about the sentence probably being commuted to life. The maintenance of hanging for High Treason was just pantomime. The necessary support system was effectively wound down after November 1965, and I doubt there would have been a political will to restart it.
@@downlink5877 no it wasnt ! there was one gallows that was tested regulary in wandworth prison until the 90s for the remaining capital crimes . The home office also retained a list of persons who were intrested in being a hangman fun fact; the under sheriff of the county where the condamned prisoner was imprisoned was responable for having the felon executed !
I also think the form of death sentence used here is incorrect. After the passing of the Homicide Act of 1957 which reduced the number of crimes for which capital punishment was prescribed, the form of death sentence to be announced in courts in England and Wales was amended to "The sentence of this court upon you is that you suffer death in the manner authorised by law. And may God have mercy upon your soul."
wrong ! homicide act only applied to murder ! other capital crimes, ie high treason under the treason act 1386 etc remained subject to death by hanging until 1998
@@geezerp1982 yep. 'hanged by the neck until dead' remained the official form of sentencing after the homicide act for capital offences other than capital murder, which was abolished with the de facto abolition of the death penalty in 1965, so from 1965 to 1998 'hanged by the neck until dead' was reinstated as the only legal form of sentence in cases of treason and piracy where hanging was still authorised.
I think Trump, for January 6th and his endangering of American working people since, should stand trial for this same offence. He should be jailed permanently.
When the charges were read out at the beginning I thought to myself that there are no circumstances in which, as a juror, I would convict anybody of treason. I'd have thought the civilised way to deal with a case of this nature would have been to share intelligence with the St Isabella authorities so that they could request Clement's extradition and charge him with suitable offences under their own laws. I note the part of the judge is played by the same actor as Doc Morrissey in the Fall and Rise of Reginald Perrin. He seems kindly and good-natured throughout. It's a real shock in the end to see him in the black cap. I do hope we're not sleepwalking into a form of authoritarianism that might see our courts blighted by the black cap again.
Oh my god, I haven't laughed so hard for such a long time; years in fact. You Sir / Madam are an absolute legend. I wasn't expecting that comment. Even my dog cocked his head to check on me to see if I was okay, having being bent in two with laughter. Thank you.
This episode was filmed in 1973 when Great Britain had just become a member of the EEC. It is highly likely, therefore, that the Home Secretary would commute the death sentence to one of life imprisonment out of consideration for the Belgians, our new partners in Europe. In any event, the death penalty had already been abolished for a great many years and the authorities would have had great difficulty in finding a trained executioner and a suitable gallows. Obviously this is a well-written story but the judge really ought to have used a bit more common-sense before imposing an impractical death sentence, whether or not such a penalty was on the statute book.
To be clear, I am NOT giving away the verdict in what was a superb depiction of what is, at the end of the day, a work of fiction, but what struck me was the irony. Whether sentenced to death or not, it would have been mercifully quick. These days, the buggers keep you alive so you have to suffer for longer......
why were the first witness and the witness who attested to the truth of the ph calls sitting in the well of the court? I know it is a drama but I still hv????s
Crown Court episodes are highly addictive. I love watching these programs. Thank you for uploading and sharing. I fundamentally disagree with the court's interpretation of allegiance. As a U.S. citizen, when I visit the UK, my allegiance remains to the US despite the fact that while in UK I am paying taxes for any items (food, clothing etc.) that I purchase, or that my personal property is in a British hotel room during my stay, or that I am abiding by British laws while visiting. Granted in this case the defendant married a British citizen and ultimately took up residence in the UK and established a business there. Did he become a British citizen or did he simply marry a Brit, which entitled him t o rights of a citizen under British law? Unless he applied for citizenship independent of, and in addition to, marrying a Brit, then he has not made any allegiance to the UK. Presuming that conditions in the Congo became favorable to him, he would have left the UK and elected to reside there---where he was born, raised, and a citizen thereof.
Someone here as a visitor to the country would, of course, not be expected to show allegiance to the crown. "Property" in this instance does not refer to one's simple personal effects, but to the hotel business he had bought. He was living in the country and, even once he had left on his ill fated "mission", he left his family and property under the protection of the crown. Anyone enjoying such protection owes a certain allegiance.
Mistake at the end. The final words of the judge "And may the Lord have mercy upon your soul" should have been answered - in England at least at this time - by a Church of England priest saying Amen". In Scotland it would have been a Presbyterian minister, and in Wales a priest of the Church in Wales -acting as a chaplain in communion with but not a member of the Established Church, which ceased to exist in Wales under the Welsh Church Act of 1920. The purpose of the death sentence was not to consign the convicted to hell, but to provoke repentance and give penance, which the judge would pray for as a matter of course after sentencing. The presence of the priest or minister to affirm the prayer served to "enact" the prayer of the judge in the eyes of the Church.
Not only that, but this was the first time the Judge appeared in the series and therefore has the honour of passing the one and only death sentence on his debut
My wife is African so this story hit home. People like the accused were racist and their sense of superiority and hatred for Africans led them to commit hideous crimes. Indeed, Belgium 🇧🇪 alone killed 10 million Congolese Possibly millions more. Germans tortured, raped and murdered hundreds of thousands of Africans. The British, French and Dutch did similarly evil things. Specimens like the accused didn't realise that things had changed. And today in Sudan, Mali and Niger, European influence and their proxies have murdered millions more in recent years.
Something I've kind of noticed; not one person has turned round when asked their religion in any episode I've watched so far and said; "Atheist", yet it is an option certainly these days.
SPOILER ALERT!!!! In this time of Brexit, it is worth taking note of the fact that the UK had to abandon the death penalty because of being in the EU. The EU forbids any form of capital punishment for whatever reason.
Gari Sullivan remainer troll . Just because The country voted for brexit does not mean that the death penalty will be reinstated . The death penalty will never be reintroduced . A lot of remainers make stupid points to reinforce their views .
Where did I make the comment that the death penalty will be reinstated after we leave the EU? Point it out to me, go on! I made a factual point about the abolition of the death penalty in the UK. It is all I did. May I suggest you read what is actually written and not focus on the narrative that is running through your mind.
The death penalty was abolished in 1998 in line with the ECHR. The political body associated with the ECHR is the Council of Europe. The EU has nothing to do with it.
Not semantics at all. We aren't leaving the Council of Europe, nor will we cease to be bound by decisions of the European Court of Human Rights. Neither is part of the European Union.
Great series and a superb episode. The death penalty for treason was the last to be withdrawn in the UK with complete abolition of corporal punishment. It is highly likely that the man convicted here would appeal and it would almost certainly go to the court of appeal, high court and supreme court (at that time I don;t think it could have gone to the European court). A death sentence would have been very controversial and I suspect a Crown Court level judge would have been reluctant to refuse an appeal. I think it;s also quite likely that it would have been commuted to a life sentence.
No basis for an appeal, the law was correctly followed. It would have been commuted by the Home Secretary immediately. No appeal to the EU's Court of Justice as treason is nothing to do with trade or the single market. No appeal to the ECHR as the death penalty doesn't necessarily breach human rights.
@@gchecosse The appeal would have been based on the death sentence. The last one issued in the UK for treason was 1946. As I say, I think a Crown Court would have been reluctant to issue one and it would have been incredidly divisive publicly; though within the law, death sentences were just not used.
So they did hang him; I wondered whether he'd get life since we had stopped hanging people by the time this was filmed. However afaik to this day Treason still carries the death sentence; and I do wonder if the Judge under similar circumstances would use that power. I know I would as I consider traitors to be the lowest form of life next to rapists.
No crime in the UK carries the death sentence. It was abolished in 1998 under the Crime and Disorder Act (treason and piracy) and Human Rights Act (military offences). The UK is party to the 13th protocol of the ECHR which does not allow it's use under any circumstance.
High Treason was still a capital offence when they filmed this, but it would not have been carried into execution. He would have been reprieved and the sentence commuted to life. Anyone suggesting otherwise has no idea what they are talking about.
@@downlink5877 What doesn't seem to be mentioned in any of the comments here is that this prosecution was not for High Treason, but the more generic Treason offence, which was not subject to the Death Penalty.
@@WG1807 Treason (i.e. disloyalty) against one's monarch was known as high treason and treason against a lesser superior was petty treason. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason.
In this only episode, the Prisoner has given a death penalty, although a death penalty was and IS abolished. This TV phony court case TV drama was played in the Thames in mid-70s reflect incorrect account of judgment.
As my learned fellow Downlink has said, the Murder Act of 1965 only suspended capital punishment for, er, murder. Capital punishment for treason was only abolished in 1998, as part of a House of Lords amendment to the Crime and Disorder Act of the same year. Also, chill. It's a TV show, and people haven't seen yet how a crime with a capital punishment offense will play out. The 1965 abolition was pretty known, partly because the MP who tabled the bill was later challenged for his seat by a relative of a serial killer's victim. I'd say that the public would have wanted to know if the chosen jury would've chosen to "nullify" the law, given its penalty. Hell, I was curious about it too, which led me to look for a Crown Court episode involving capital punishment.
@@rin_etoware_2989 So to understand correctly the Capital punishment falls in two categories? 1/ Murder act committed by a person; found guilty; hence the death penalty was given. (this was abolished in 1965) 2/ Traitorous act committed by a person; found guilty; hence the death penalty was given. (this abolished in 1998) So the act of Murder and act of Traitor there is a difference of 33 years, Can't chill; cause in this drama or all the Crown Court drama series of the 70s, clear and concisely depicted inner workings of English justice system so lavishly and accurately which does not give an inkling of phoneyness.
This is superb episode, a well acted end John Horsley is excellent
Very grim, this one.
Notice the end credits were run without the closing theme.
There was none of the usual introduction to these episodes about the jury being made up of ordinary members of the public. Which makes me think that, unlike other Crown Courts, this one was entirely scripted, including the verdict and what happened after it. Which would make sense because I imagine the producers wouldn't have wanted the risk of losing the drama at the end because a bunch of random folk hoiked off the street saw things differently from how they were supposed to.
Compelling drama, but I can't help thinking that a case of this seriousness would have gone to the Old Bailey and not Fulchester Crown Court.
Actor who plays prosecutor attorney is Richard Wilson OBE who starred in the very funny series One Foot in the Grave.
and Boon was the reporter.... i don't believe it.....
The last people to be hanged in the UK were two men, Peter Allen and Gwynne Jones who were hanged on the same day in 1964. In Britain the death penalty for murder was abolished for an experimental period of 5 years in 1965. It was abolished permanently in 1969. Free votes were held on the restoration of capital punishment in 1979 and 1994 but both times it was rejected.
However capital punishment could in theory still be used for other crimes. Capital punishment for arson in the Royal Dockyards was abolished in 1971. In 1998 it was abolished for treason and piracy with violence. (The last person actually hanged for treason in Britain was Theodore Schurch in 1946). In 1999 the British Home Secretary signed the 6th protocol of the European Convention of Human Rights, formally ending capital punishment in the UK.
William Joyce was the last person to be executed for treason in the UK, Theodore Schurch was executed the following day but not for treason, he was convicted of 9 counts of treachery and desertion with intent to join the enemy. Treason and treachery are not the same.
Interestingly, right up to 1973, a person convicted of high treason could have chosen between hanging and beheading as a mode of execution.
@@holmanrw that is correct. The Treatery Act was passed in 1940, because the rules of evidence for proving guilt in a Treason trial were thought to be too exacting. The Treatery Act presents a lower evidential bar, thus ostensibly reducing the difficulties inherent in getting a conviction.
@@stephenlark4530 how interesting!
@@holmanrw Agreed. Also it should be noted that William Joyce's conviction for treason was highly dubious as he was an Irish-American citizen who was granted German citizenship during WW2.. What convicted him was his fake (yet approved) application for a British passport just before WW2. I believe that if there is ANY doubt as to someone's guilt for a Capital offence then they should be found not guilty. Death cannot be reversed.
Brilliant storyline
Neil Hallett was always good at portraying a man suffering through the result of his own actions - I think his Sweeney role is the same.
The three older men in the Jury would most likely have been WW2 veterans, so their vote for Guilty would be easy to guess as they would be for Queen and Country and hate those that commit Treason
Wow ! that was a good un'. Thanks for sharing.
Is that your real name ?
Fitting that, in this episode, they did not play the closing music.
In all probability, were this real, his sentence would have been commuted to life imprisonment almost immediately.
Still, he would get the bragging rights and the place in pub quiz history of being the last man sentenced to death in Britain!
no it wouldnt ! in all reality it would be commuted ! they was one working gallows that was tested up until the 90s for the remaining capital crimes ! the last man ever sentenced to death in GB was in the 80s for capital murder in states of jersey ! commuted to life with perole by the prime minster or home secatery
@@geezerp1982 No. The Wandsworth infrastructure was only maintained officially until the mid-70s. It remained after that purely out of inertia; all subsequent testing was unofficial. The contracts for the manufacture of execution equipment also ended in the late 1960s. The entire 'mechanism' for carrying out death sentences had been dismantled by the Home Office, and it would never have been reinstated for a one-off. That's not even getting into the issue of the absolute lack of will in government and the civil service to do so. You inadvertently prove it yourself by bringing up the fact that the Jersey case ended in a commutation, not an execution.
@@downlink5877 they should re-open the condemned unit at wandworth prison ! the city is full sick murderers
The last person executed for treason in the United Kingdom was William Joyce in 1946. If the trial depicted here had actually taken place it would have been the first trial for treason held in this country for 27 years and also the first death sentence passed in Great Britain since 1965, when I believe a man named Chapman was sentenced to death for a murder committed in Scarborough, but capital punishment was abolished
(Initially for five years) before the sentence was carried out, and was instead commuted to life imprisonment. Inteterestingly, capital punishment for murder remained in force in Northern Ireland until 1973 in which year the last death sentence was passed there, but again hanging was abolished there before the sentence was carried out. If this trial had actually taken place and the death sentence passed I suspect it would have been commuted to life imprisonment.
Alan Sinclair Britain abolished the death penalty in 1998 , which only existed for piracy and treason.
Agree with your point about the sentence probably being commuted to life. The maintenance of hanging for High Treason was just pantomime.
The necessary support system was effectively wound down after November 1965, and I doubt there would have been a political will to restart it.
@@downlink5877 no it wasnt ! there was one gallows that was tested regulary in wandworth prison until the 90s for the remaining capital crimes . The home office also retained a list of persons who were intrested in being a hangman
fun fact; the under sheriff of the county where the condamned prisoner was imprisoned was responable for having the felon executed !
@@chrishenniker5944 I thought it was for treason in time of war and for arson in the Royal Shipyards. Wasn't aware that piracy was included.
@@geezerp1982 I've answered this elsewhere. You're incorrect.
I also think the form of death sentence used here is incorrect. After the passing of the Homicide Act of 1957 which reduced the number of crimes for which capital punishment was prescribed, the form of death sentence to be announced in courts in England and Wales was amended to "The sentence of this court upon you is that you suffer death in the manner authorised by law. And may God have mercy upon your soul."
wrong ! homicide act only applied to murder ! other capital crimes, ie high treason under the treason act 1386 etc remained subject to death by hanging until 1998
@@geezerp1982 yep. 'hanged by the neck until dead' remained the official form of sentencing after the homicide act for capital offences other than capital murder, which was abolished with the de facto abolition of the death penalty in 1965, so from 1965 to 1998 'hanged by the neck until dead' was reinstated as the only legal form of sentence in cases of treason and piracy where hanging was still authorised.
1984 as well.
"...shall suffer death by hanging...", actually. The "...hanged by the neck..." phraseology is much earlier.
Bring back the death penalty
This episode is more serious than the others in particular.
I think Trump, for January 6th and his endangering of American working people since, should stand trial for this same offence. He should be jailed permanently.
Powerful ending
I’m stunned!
Quite a dark turn too.
When the charges were read out at the beginning I thought to myself that there are no circumstances in which, as a juror, I would convict anybody of treason. I'd have thought the civilised way to deal with a case of this nature would have been to share intelligence with the St Isabella authorities so that they could request Clement's extradition and charge him with suitable offences under their own laws.
I note the part of the judge is played by the same actor as Doc Morrissey in the Fall and Rise of Reginald Perrin. He seems kindly and good-natured throughout. It's a real shock in the end to see him in the black cap. I do hope we're not sleepwalking into a form of authoritarianism that might see our courts blighted by the black cap again.
In real life considering the death sentence that would be issued I doubt he would have been prosecuted for treason in the first place.
How if St. Isabella govt also wanted him to be punished by death?
Remember this was the 1970s...
do you think if the verdict had been not guilty, richard wilson would have said 'i don't believe it!'
Definitely
Oh my god, I haven't laughed so hard for such a long time; years in fact. You Sir / Madam are an absolute legend. I wasn't expecting that comment. Even my dog cocked his head to check on me to see if I was okay, having being bent in two with laughter. Thank you.
ah, you have answered my question which would have been that I thought capital punishment had been abolished by this time.......thank you autodidact2
Wow very interesting.. how this was presented by Actor's and people ( strange though so many Politicians especially in U are guiltyof treason)
This episode was filmed in 1973 when Great Britain had just become a member of the EEC. It is highly likely, therefore, that the
Home Secretary would commute the death sentence to one of life imprisonment out of consideration for the Belgians, our new
partners in Europe. In any event, the death penalty had already been abolished for a great many years and the authorities would
have had great difficulty in finding a trained executioner and a suitable gallows. Obviously this is a well-written story but the judge
really ought to have used a bit more common-sense before imposing an impractical death sentence, whether or not such a penalty
was on the statute book.
To be clear, I am NOT giving away the verdict in what was a superb depiction of what is, at the end of the day, a work of fiction, but what struck me was the irony. Whether sentenced to death or not, it would have been mercifully quick. These days, the buggers keep you alive so you have to suffer for longer......
why were the first witness and the witness who attested to the truth of the ph calls sitting in the well of the court? I know it is a drama but I still hv????s
Crown Court episodes are highly addictive. I love watching these programs. Thank you for uploading and sharing. I fundamentally disagree with the court's interpretation of allegiance. As a U.S. citizen, when I visit the UK, my allegiance remains to the US despite the fact that while in UK I am paying taxes for any items (food, clothing etc.) that I purchase, or that my personal property is in a British hotel room during my stay, or that I am abiding by British laws while visiting. Granted in this case the defendant married a British citizen and ultimately took up residence in the UK and established a business there. Did he become a British citizen or did he simply marry a Brit, which entitled him t o rights of a citizen under British law? Unless he applied for citizenship independent of, and in addition to, marrying a Brit, then he has not made any allegiance to the UK. Presuming that conditions in the Congo became favorable to him, he would have left the UK and elected to reside there---where he was born, raised, and a citizen thereof.
Someone here as a visitor to the country would, of course, not be expected to show allegiance to the crown. "Property" in this instance does not refer to one's simple personal effects, but to the hotel business he had bought. He was living in the country and, even once he had left on his ill fated "mission", he left his family and property under the protection of the crown. Anyone enjoying such protection owes a certain allegiance.
Chilling. Treason and Piracy with violence were still punishable by death until 1998 e&oa.
Sad ending.Thank you for sharing. Good story.
Mistake at the end. The final words of the judge "And may the Lord have mercy upon your soul" should have been answered - in England at least at this time - by a Church of England priest saying Amen". In Scotland it would have been a Presbyterian minister, and in Wales a priest of the Church in Wales -acting as a chaplain in communion with but not a member of the Established Church, which ceased to exist in Wales under the Welsh Church Act of 1920.
The purpose of the death sentence was not to consign the convicted to hell, but to provoke repentance and give penance, which the judge would pray for as a matter of course after sentencing. The presence of the priest or minister to affirm the prayer served to "enact" the prayer of the judge in the eyes of the Church.
The death sentence would not apply in this case,,didnt hang people when this was screened
[SPOILER] is this the only episode where the death sentence is passed?
Yes as only Treason is eligible for the death penalty at that time of filming.
Not only that, but this was the first time the Judge appeared in the series and therefore has the honour of passing the one and only death sentence on his debut
My wife is African so this story hit home. People like the accused were racist and their sense of superiority and hatred for Africans led them to commit hideous crimes. Indeed, Belgium 🇧🇪 alone killed 10 million Congolese
Possibly millions more. Germans tortured, raped and murdered hundreds of thousands of Africans. The British, French and Dutch did similarly evil things. Specimens like the accused didn't realise that things had changed. And today in Sudan, Mali and Niger, European influence and their proxies have murdered millions more in recent years.
Something I've kind of noticed; not one person has turned round when asked their religion in any episode I've watched so far and said; "Atheist", yet it is an option certainly these days.
Why was the judge wearing a microfiber cleaning cloth on his head at the end?
It's the black cap, worn when pronouncing sentences of death.
A bit of respect, please.
SPOILER ALERT!!!! In this time of Brexit, it is worth taking note of the fact that the UK had to abandon the death penalty because of being in the EU. The EU forbids any form of capital punishment for whatever reason.
Gari Sullivan remainer troll . Just because The country voted for brexit does not mean that the death penalty will be reinstated . The death penalty will never be reintroduced . A lot of remainers make stupid points to reinforce their views .
Where did I make the comment that the death penalty will be reinstated after we leave the EU? Point it out to me, go on! I made a factual point about the abolition of the death penalty in the UK. It is all I did. May I suggest you read what is actually written and not focus on the narrative that is running through your mind.
The death penalty was abolished in 1998 in line with the ECHR. The political body associated with the ECHR is the Council of Europe. The EU has nothing to do with it.
themajorgeneral88 - Semantics. Membership of the Council of Europe is a de facto condition of EU membership.
Not semantics at all. We aren't leaving the Council of Europe, nor will we cease to be bound by decisions of the European Court of Human Rights. Neither is part of the European Union.
Great series and a superb episode. The death penalty for treason was the last to be withdrawn in the UK with complete abolition of corporal punishment. It is highly likely that the man convicted here would appeal and it would almost certainly go to the court of appeal, high court and supreme court (at that time I don;t think it could have gone to the European court). A death sentence would have been very controversial and I suspect a Crown Court level judge would have been reluctant to refuse an appeal. I think it;s also quite likely that it would have been commuted to a life sentence.
... and thus, the ending was spoiled for the rest of us 🙄
No basis for an appeal, the law was correctly followed. It would have been commuted by the Home Secretary immediately. No appeal to the EU's Court of Justice as treason is nothing to do with trade or the single market. No appeal to the ECHR as the death penalty doesn't necessarily breach human rights.
@@gchecosse The appeal would have been based on the death sentence. The last one issued in the UK for treason was 1946. As I say, I think a Crown Court would have been reluctant to issue one and it would have been incredidly divisive publicly; though within the law, death sentences were just not used.
So they did hang him; I wondered whether he'd get life since we had stopped hanging people by the time this was filmed. However afaik to this day Treason still carries the death sentence; and I do wonder if the Judge under similar circumstances would use that power. I know I would as I consider traitors to be the lowest form of life next to rapists.
No crime in the UK carries the death sentence. It was abolished in 1998 under the Crime and Disorder Act (treason and piracy) and Human Rights Act (military offences). The UK is party to the 13th protocol of the ECHR which does not allow it's use under any circumstance.
High Treason was still a capital offence when they filmed this, but it would not have been carried into execution. He would have been reprieved and the sentence commuted to life. Anyone suggesting otherwise has no idea what they are talking about.
@@downlink5877 What doesn't seem to be mentioned in any of the comments here is that this prosecution was not for High Treason, but the more generic Treason offence, which was not subject to the Death Penalty.
@@WG1807 Treason (i.e. disloyalty) against one's monarch was known as high treason and treason against a lesser superior was petty treason. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason.
In this only episode, the Prisoner has given a death penalty, although a death penalty was and IS abolished.
This TV phony court case TV drama was played in the Thames in mid-70s reflect incorrect account of judgment.
Incorrect. The death penalty was still available for this crime at the time that this was made.
As my learned fellow Downlink has said, the Murder Act of 1965 only suspended capital punishment for, er, murder. Capital punishment for treason was only abolished in 1998, as part of a House of Lords amendment to the Crime and Disorder Act of the same year.
Also, chill. It's a TV show, and people haven't seen yet how a crime with a capital punishment offense will play out. The 1965 abolition was pretty known, partly because the MP who tabled the bill was later challenged for his seat by a relative of a serial killer's victim. I'd say that the public would have wanted to know if the chosen jury would've chosen to "nullify" the law, given its penalty. Hell, I was curious about it too, which led me to look for a Crown Court episode involving capital punishment.
@@rin_etoware_2989 So to understand correctly the Capital punishment falls in two categories?
1/ Murder act committed by a person; found guilty; hence the death penalty was given. (this was abolished in 1965)
2/ Traitorous act committed by a person; found guilty; hence the death penalty was given. (this abolished in 1998)
So the act of Murder and act of Traitor there is a difference of 33 years,
Can't chill; cause in this drama or all the Crown Court drama series of the 70s, clear and concisely depicted inner workings of English justice system so lavishly and accurately which does not give an inkling of phoneyness.
@@imrank340 high treason only ! treason felony carried life imprisonment
@@geezerp1982 There was also piracy committed with violence which was also abolished in 1998.
I DONT BLOODY BELIEVE IT