Welsh Courts Act 1942

Last updated

Welsh Courts Act 1942
Act of Parliament
Coat of arms of the United Kingdom (1901-1952).svg
Long title An Act to repeal section seventeen of the statute 27 Hen. 8. c. 26, to remove doubt as to the right of Welsh speaking persons to testify in the Welsh language in courts of justice in Wales, and to enable rules to be made for the administration of oaths and affirmations in that language, and for the provision, employment, and payment, of interpreters in such courts.
Citation 5 & 6 Geo. 6. c. 40
Territorial extent  Wales and Monmouthshire
Dates
Royal assent 22 October 1942
Repealed21 December 1992
Other legislation
Repealed by Welsh Language Act 1967
Welsh Language Act 1993
Relates to Laws of Wales Act 1536
Status: Repealed
Text of statute as originally enacted

The Welsh Courts Act 1942 (Welsh : Deddf Llysoedd Cymreig 1942) (5 & 6 Geo. 6. c. 40) was an Act of the Parliament of the United Kingdom that allowed the Welsh language to be used in courts in Wales and Monmouthshire provided that the person speaking would be under a disadvantage in having to speak English.

Contents

For the first time, the act repealed laws passed by Henry VIII that made English the only permitted language of courts of laws in Wales.

Background and bill debate

A petition calling for equal status for the Welsh language was launched at the 1938 National Eisteddfod of Wales, gathering over 250,000 signatures were gathered and supported by 30 of 36 Welsh MPs. [1]

Charles Edwards, MP for Bedwellty, said of the bill:

I was at one time check-weigher at the Nine-Mile Point colliery and local representative of the men. When the pit was first sunk, many people came to it from other parts, and I remember that some of the north Welshmen who came could not speak a word of English. When they came to see me about something or other, I could not follow their deep Welsh, and there had to be an interpreter between us. If those men did something wrong and had to go to the local courts, they were at a great disadvantage. It is for that sort of reason that I think this bill does a very reasonable thing. [1]

Viscount Sankey said of the bill during a Lords debate:

Many Welshman who speak English think in Welsh. I have often observed that in this House even some of our most eloquent speakers and skilful debaters pause for a moment to get the precise word or to find the exact expression. No doubt many members of this House read French easily and speak it well; many speak it perfectly; yet how should we like to be examined and cross-examined in French?

Should we not be rather nervous and embarrassed witnesses and fail to do ourselves justice? We should possibly be thinking in English and having to answer in French. Those who have heard, as I have heard, hundreds and hundreds of cases in Welsh Courts will appreciate the position. [1]

Provision

The Welsh Courts Act was passed on 22 October 1942, repealing King of England, Henry VIII's measures, allowing the use of the Welsh language in courts;

Whereas doubt has been entertained whether section seventeen of the statute 27 Hen. 8. c. 26 unduly restricts the right of Welsh speaking persons to use the Welsh language in courts of justice in Wales, now, therefore, the said section is hereby repealed, and it is hereby enacted that the Welsh language may be used in any court in Wales by any party or witness who considers that he would otherwise be at any disadvantage by reason of his natural language of communication being Welsh. [1] [2]

Section 2 of the Act is as follows;

The Lord Chancellor may make rules prescribing a translation in the Welsh language of any form for the time being prescribed by law as the form of any oath or affirmation to be administered and taken or made by any person in any court, and an oath or affirmation administered and taken or made in any court in Wales in the translation prescribed by such rules shall, without interpretation, be of the like effect as if it had been administered and taken or made in the English language. [3]

Continued pressure and doubt about the impact of the legislation led to the David Hughes Parry report which reported in 1965 and led the creation of the Welsh Language Act 1967, which repealed section 1 of the Welsh Courts Act 1942. [4] All four sections Act were repealed by the Welsh Language Act 1993 and ceased to have any effects. [5]

See also

Related Research Articles

<span class="mw-page-title-main">Oath of office</span> Official promise by a person elected to public office to lawfully fulfill its duties

An oath of office is an oath or affirmation a person takes before assuming the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations. Such oaths are often required by the laws of the state, religious body, or other organization before the person may actually exercise the powers of the office or organization. It may be administered at an inauguration, coronation, enthronement, or other ceremony connected with the taking up of office itself, or it may be administered privately. In some cases it may be administered privately and then repeated during a public ceremony.

<span class="mw-page-title-main">English law</span> Legal system of England and Wales

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

<span class="mw-page-title-main">Laws in Wales Acts 1535 and 1542</span> Acts passed during the reign of King Henry VIII to make Wales a part of the Kingdom of England

The Laws in Wales Acts 1535 and 1542 or the Acts of Union, were Acts of the Parliament of England under King Henry VIII of England, causing Wales to be incorporated into the realm of the Kingdom of England.

<span class="mw-page-title-main">Act of Uniformity 1662</span> United Kingdom law of religion and the Church of England

The Act of Uniformity 1662 is an Act of the Parliament of England. It prescribed the form of public prayers, administration of sacraments, and other rites of the Established Church of England, according to the rites and ceremonies prescribed in the 1662 Book of Common Prayer. Adherence to this was required in order to hold any office in government or the church, although the new version of the Book of Common Prayer prescribed by the Act was so new that most people had never even seen a copy. The Act also required that the Book of Common Prayer "be truly and exactly Translated into the British or Welsh Tongue". It also explicitly required episcopal ordination for all ministers, i.e. deacons, priests and bishops, which had to be reintroduced since the Puritans had abolished many features of the Church during the Civil War. The act did not explicitly encompass the Isle of Man.

<span class="mw-page-title-main">Statutory instrument (UK)</span> Type of secondary legislation in the United Kingdom

A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.

<span class="mw-page-title-main">England and Wales</span> Legal jurisdiction covering England and Wales

England and Wales is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law.

<span class="mw-page-title-main">Wales and Berwick Act 1746</span> United Kingdom legislation

The Wales and Berwick Act 1746 was an Act of the Parliament of Great Britain that created a statutory definition of England as including England, Wales and Berwick-upon-Tweed.

The right to freedom of religion in the United Kingdom is provided for in all three constituent legal systems, by devolved, national, European, and international law and treaty. Four constituent nations compose the United Kingdom, resulting in an inconsistent religious character, and there is no state church for the whole kingdom.

<span class="mw-page-title-main">Oath of Allegiance (United Kingdom)</span> Promise to be loyal to the British monarch

The Oath of Allegiance is a promise to be loyal to the British monarch, and his or her heirs and successors, sworn by certain public servants in the United Kingdom, and also by newly naturalised subjects in citizenship ceremonies. The current standard wording of the oath of allegiance is set out in the Promissory Oaths Act 1868.

<span class="mw-page-title-main">Oath of Allegiance (United States)</span> Official oath of allegiance in the U.S

The Oath of Allegiance of the United States is the official oath of allegiance that must be taken and subscribed by every immigrant who wishes to become a United States citizen.

<span class="mw-page-title-main">Welsh Language Act 1993</span> United Kingdom legislation

The Welsh Language Act 1993 is an Act of the Parliament of the United Kingdom, which put the Welsh language on an equal footing with the English language in Wales.

<span class="mw-page-title-main">Welsh Language Act 1967</span> United Kingdom legislation

The Welsh Language Act 1967 was an act of the Parliament of the United Kingdom, which gave some rights to use the Welsh language in legal proceedings in Wales and gave the relevant minister the right to authorise the production of a Welsh version of any documents required or allowed by the Act. The act repealed a part of the Wales and Berwick Act 1746, which defined England as including Wales.

It is usual for police officers take an oath to uphold the law. The following is a selection from different countries.

<span class="mw-page-title-main">Juries in England and Wales</span> Law of trial by jury in England and Wales

In the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries. Under present-day practice, juries are generally summoned for criminal trials in the Crown Court where the offence is an indictable offence or an offence triable either way. All common law civil cases were tried by jury until the introduction of juryless trials in the new county courts in 1846, and thereafter the use of juries in civil cases steadily declined. Liability to be called upon for jury service is covered by the Juries Act 1974.

The history of the Welsh language spans over 1400 years, encompassing the stages of the language known as Primitive Welsh, Old Welsh, Middle Welsh, and Modern Welsh.

In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath; it is thus legally binding but not considered a religious oath. Some religious adherents hold beliefs that allow them to make legally binding promises but forbid them to swear an oath before a deity. Additionally, an individual may decline making a religious oath due to their personal beliefs, or those of their audience. In some jurisdictions, an affirmation may be given only if such a reason is provided.

<span class="mw-page-title-main">Countries of the United Kingdom</span> Component parts of the UK since 1922

Since 1922, the United Kingdom has been made up of four countries: England, Scotland, Wales and Northern Ireland. The UK Prime Minister's website has used the phrase "countries within a country" to describe the United Kingdom. Some statistical summaries, such as those for the twelve NUTS 1 regions of the UK, refer to Northern Ireland, Scotland, and Wales as "regions". With regard to Northern Ireland, Scotland and Wales particularly, the descriptive name one uses "can be controversial, with the choice often revealing one's political preferences".

"So help me God" is a phrase often used to give an oath, sometimes optionally as part of an oath of office. It is used in some jurisdictions as an oath for performing a public duty, such as an appearance in court. The phrase implies greater care than usual in the truthfulness of one's testimony or in the performance of one's duty.

A juror's oath is used to swear in jurors at the beginning of jury selection or trial.

<span class="mw-page-title-main">Oaths Act 1978</span> United Kingdom legislation

The Oaths Act 1978 is an act of the Parliament of the United Kingdom.

References

  1. 1 2 3 4 Goodden, Joe (22 October 2012). "The law and the Welsh language". BBC. Retrieved 14 May 2023.
  2. "Welsh Courts Act 1942". www.legislation.gov.uk.
  3. "Welsh Courts Act 1942". www.legislation.gov.uk.
  4. Andrews, J. A.; Henshaw, L. G. (1983). "THE IRISH AND WELSH LANGUAGES IN THE COURTS: A COMPARATIVE STUDY". Irish Jurist (1966-). 18 (1): 8. ISSN   0021-1273.
  5. "Welsh Courts Act 1942 (repealed 21.12.1993)". www.legislation.gov.uk.