Genealogy Chat

The following is from a report in The Times dated 2 May 1933. Can anyone explain to me what is meant by the phrase I've asterisked?

'having regard to the appellant's age and to the fact that he had never previously been convicted of any offence, the Court thought that the sentence might be *served in the second division*...'

The context is an appeal to the Court of Criminal Appeal against a sentence of two years' imprisonment with hard labour for income tax fraud.

Thank you.

Could the "second division" refer to him serving in the Army?

I do no that at times in our history mainly when our services are under strength courts would give them the choice of the army or prison

Roy

Was it in Scotland? They have a different system to the UK.

Inner House
The appellate division of the Court of Session (one of the Supreme Courts of Scotland). Originally so called on the historical and topographical ground that their courts lay further from the entrance to the court house than did the Outer House.

First Division
The Division of the Inner House of the Court of Session presided over by the Lord President.

Second Division
One of the Divisions of the Inner House of the Court of Session presided over by the Lord Justice Clerk.

Hansard paper possibly explains:

http://hansard.millbanksystems.com/written_answers/1938/nov/14/sentences-of-imprisonment

In the context of that article it seems to be the type of prison that the sentence is served in. I guess it compares to someone being sent now to an open prison or somewhere more secure.

(Google's really useful!)

PBSA, Food for thought indeed, but i would have thought that the wording *sentence might be served in" refer-ed more to an appeal for the sentence to be served in a different institute other than the one the court had imposed rather than an appeal for a higher court to hear the case

Roy

Edit; MarieCeleste, PBSA, I new their was a reason why i am still a member on GR,

we never stop learning "great find"

Extract from that Hansard:

"The object of the second division, however, is to separate prisoners who are not of depraved character or criminal habits from others"

Thank you very much to everyone who replied, and in particular to MarieCeleste for the link to Hansard.

The person in question was married to my great-aunt and he had been convicted at Birmingham Assizes of evading almost £20,000-worth of income tax over a period of about 15 years. His sentence was two years' prison with hard labour and a fine of £1,000 plus costs. He was 64 years old at the time of sentencing. So it appears that he would indeed have served his prison sentence, and the information in Hansard about second and third division explains the Lord Chief Justice's recommendation.

Helen