• Re: Conviction for Lewd Practices

    From Mark Goodge@21:1/5 to All on Mon May 5 21:00:17 2025
    On Mon, 05 May 2025 12:52:40 +0100, Martin Harran <martinharran@gmail.com> wrote:

    As part of my family research, I've obtained a copy of the MOD records
    for a distant cousin. It includes Army Form 0.1619 which records
    particulars of an soldier convicted in a non-military court.

    The date of conviction was 29.9.38 at Dumbarton Sh. Sy. Court and the
    offence is described as "Lewd etc. pracs.", classed as a felony for
    which he received 3 months without hard labour and resulted in him
    being discharged from the army.

    I'm curious about the offence as described and wondering if "lewd
    practices" might have been a euphemism for homosexual behaviour in
    those days (1938); I know that Alan Turing's conviction 14 years later
    was for "gross indecency".

    Possibly, but it might also have been specific to Scottish law. The
    Sexual Offences (Scotland) Act 1976 (which is now repealed) used the phrase "lewd, indecent or libidinous practice" in relation to offences against
    female children:

    https://www.legislation.gov.uk/ukpga/1976/67/section/5/enacted

    I can't find any older Scottish legislation on the same topic, but the
    phrasing and the similarity of the sentence (three months, in both cases) suggests that the later Act may be referring to the same thing. Also, the wording on the conviction record, "Lewd etc. pracs." is clearly an abbreviation, and it would fit the longer wordong on the later Act and, presumably, anything similar in its predecessors.

    Mark

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  • From billy bookcase@21:1/5 to Martin Harran on Mon May 5 18:28:03 2025
    "Martin Harran" <martinharran@gmail.com> wrote in message news:8j9h1kpspjuaptbj6rid9et1pf7hv34t3b@4ax.com...
    As part of my family research, I've obtained a copy of the MOD records
    for a distant cousin. It includes Army Form 0.1619 which records
    particulars of an soldier convicted in a non-military court.

    The date of conviction was 29.9.38 at Dumbarton Sh. Sy. Court and the
    offence is described as "Lewd etc. pracs.", classed as a felony for
    which he received 3 months without hard labour and resulted in him
    being discharged from the army.

    I'm curious about the offence as described and wondering if "lewd
    practices" might have been a euphemism for homosexual behaviour in
    those days (1938); I know that Alan Turing's conviction 14 years later
    was for "gross indecency".

    quote:

    2. Lewd and libidinous practices are sexual crimes against children committed prior to 1 December 2010.

    :unquote

    https://www.gov.scot/publications/user-guide-recorded-crime-statistics-scotland-2/pages/17/

    So child molesting, basically.


    Always glad to be of help.



    bb










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  • From Mark Goodge@21:1/5 to All on Mon May 5 21:33:27 2025
    On Mon, 05 May 2025 21:00:17 +0100, I <usenet@listmail.good-stuff.co.uk>
    wrote:


    https://www.legislation.gov.uk/ukpga/1976/67/section/5/enacted

    I can't find any older Scottish legislation on the same topic,

    Which, it turns out, is because prior to 1976 (and even up to 2009 in some cases) it was a common law offence. So there was no earlier statute.

    The difficulty of defining "lewd, indecent or libidinous practice" is one of the things discussed in some length in this paper by the Scottish Law Commission in 2006:

    https://www.scotlawcom.gov.uk/files/3012/7892/7070/dp131_rape.pdf

    Most of that paper's recommendations were put into practice in the Sexual Offences (Scotland) Act 2009.

    Mark

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  • From billy bookcase@21:1/5 to Martin Harran on Thu May 8 17:44:31 2025
    "Martin Harran" <martinharran@gmail.com> wrote in message news:sdap1kl048vh38vrnn46gao4iaj16m0p7b@4ax.com...
    On Mon, 5 May 2025 18:28:03 +0100, "billy bookcase" <billy@anon.com>
    wrote:


    "Martin Harran" <martinharran@gmail.com> wrote in message >>news:8j9h1kpspjuaptbj6rid9et1pf7hv34t3b@4ax.com...
    As part of my family research, I've obtained a copy of the MOD records
    for a distant cousin. It includes Army Form 0.1619 which records
    particulars of an soldier convicted in a non-military court.

    The date of conviction was 29.9.38 at Dumbarton Sh. Sy. Court and the
    offence is described as "Lewd etc. pracs.", classed as a felony for
    which he received 3 months without hard labour and resulted in him
    being discharged from the army.

    I'm curious about the offence as described and wondering if "lewd
    practices" might have been a euphemism for homosexual behaviour in
    those days (1938); I know that Alan Turing's conviction 14 years later
    was for "gross indecency".

    quote:

    2. Lewd and libidinous practices are sexual crimes against children committed >>prior to 1 December 2010.

    :unquote
    https://www.gov.scot/publications/user-guide-recorded-crime-statistics-scotland-2/pages/17/

    So child molesting, basically.


    Always glad to be of help.

    Thanks for that. Now I have to break the news to his niece who asked
    me if I could find out anything about him as she'd only found out very recently that he existed; neither her father nor her aunts (brother
    and sister of the man in question) had ever mentioned him. I did warn
    her that when you are doing family research and opening long-closed cupboards, you have to be prepared for the fact that you have ni idea
    what skeletons might lurk inside them.

    Nevertheless, the possibility does exist that he was wrongly convicted. Possibly as a result of a perfectly innocent action being wholly misinterpreted, or for some other reason. So that the need for "further research" might be cited as a reason for delaying any definitive conclusion, for the time being at least.


    bb






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  • From GB@21:1/5 to billy bookcase on Thu May 8 19:14:11 2025
    On 08/05/2025 17:44, billy bookcase wrote:
    "Martin Harran" <martinharran@gmail.com> wrote in message news:sdap1kl048vh38vrnn46gao4iaj16m0p7b@4ax.com...
    On Mon, 5 May 2025 18:28:03 +0100, "billy bookcase" <billy@anon.com>
    wrote:


    "Martin Harran" <martinharran@gmail.com> wrote in message
    news:8j9h1kpspjuaptbj6rid9et1pf7hv34t3b@4ax.com...
    As part of my family research, I've obtained a copy of the MOD records >>>> for a distant cousin. It includes Army Form 0.1619 which records
    particulars of an soldier convicted in a non-military court.

    The date of conviction was 29.9.38 at Dumbarton Sh. Sy. Court and the
    offence is described as "Lewd etc. pracs.", classed as a felony for
    which he received 3 months without hard labour and resulted in him
    being discharged from the army.

    I'm curious about the offence as described and wondering if "lewd
    practices" might have been a euphemism for homosexual behaviour in
    those days (1938); I know that Alan Turing's conviction 14 years later >>>> was for "gross indecency".

    quote:

    2. Lewd and libidinous practices are sexual crimes against children committed
    prior to 1 December 2010.

    :unquote

    https://www.gov.scot/publications/user-guide-recorded-crime-statistics-scotland-2/pages/17/

    So child molesting, basically.


    Always glad to be of help.

    Thanks for that. Now I have to break the news to his niece who asked
    me if I could find out anything about him as she'd only found out very
    recently that he existed; neither her father nor her aunts (brother
    and sister of the man in question) had ever mentioned him. I did warn
    her that when you are doing family research and opening long-closed
    cupboards, you have to be prepared for the fact that you have ni idea
    what skeletons might lurk inside them.

    Nevertheless, the possibility does exist that he was wrongly convicted. Possibly as a result of a perfectly innocent action being wholly misinterpreted, or for some other reason. So that the need for "further research" might be cited as a reason for delaying any definitive conclusion, for the time being at least.

    And, given the decision to prosecute in the magistrate's court (where
    the sentence was very limited), I assume that the case was not that
    egregious.







    bb










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  • From SH@21:1/5 to John on Fri May 16 15:11:34 2025
    On 15/05/2025 14:03, John wrote:
    On 05/05/2025 12:52, Martin Harran wrote:
    As part of my family research, I've obtained a copy of the MOD records
    for a distant cousin. It includes Army Form 0.1619 which records
    particulars of an soldier convicted in a non-military court.

    How did you obtain the MOD records?  I would like to trace my dad, who
    was in the army during the late 50's/early 60's.  I don't know whether
    he knew I existed but all I know is he was born in Scotland, possibly
    between 1935 - 1940 ish.  He may well be dead now, I have no idea.

    My mum told me when I was 25, and that she wrote to him to let him know
    but never heard back. The man who she married is the one named on my
    birth cetificate, but they split up when i was very young.



    here you go, I've done this with some deceased relatives.

    https://www.gov.uk/get-copy-military-records-of-service

    If its much futher back the records end up at the British Library or the National Archive.

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  • From SH@21:1/5 to All on Fri May 16 15:19:36 2025
    On 16/05/2025 15:11, SH wrote:
    On 15/05/2025 14:03, John wrote:
    On 05/05/2025 12:52, Martin Harran wrote:
    As part of my family research, I've obtained a copy of the MOD records
    for a distant cousin. It includes Army Form 0.1619 which records
    particulars of an soldier convicted in a non-military court.

    How did you obtain the MOD records?  I would like to trace my dad, who
    was in the army during the late 50's/early 60's.  I don't know whether
    he knew I existed but all I know is he was born in Scotland, possibly
    between 1935 - 1940 ish.  He may well be dead now, I have no idea.

    My mum told me when I was 25, and that she wrote to him to let him
    know but never heard back. The man who she married is the one named on
    my birth cetificate, but they split up when i was very young.



    here you go, I've done this with some deceased relatives.

    https://www.gov.uk/get-copy-military-records-of-service

    If its much futher back the records end up at the British Library or the National Archive.



    and you can use https://www.freebmd.org.uk/ to try and narrow down the
    year and quarter of his birth registration and the year & quarter of the marriage.

    Also the MoD will only release records if the service person is
    deceased..... So if your Dad is still alive so someone born 1935 to 1940
    would be 85 to 90 by now so a possible chance he is still alive.

    The Freebmd records only go up to about 1996 so after that date you will
    need to use https://www.gro.gov.uk/gro/content/ which currently goes up
    to about 2023 (select +/- 2 years and you can search 5 years at a time.

    if you find he has died, once you have a year, you can search to see if
    he has left a will or intestate at
    https://probatesearch.service.gov.uk/#wills

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  • From SH@21:1/5 to Martin Harran on Sat May 31 14:05:12 2025
    On 28/05/2025 22:21, Martin Harran wrote:
    On Thu, 15 May 2025 14:03:35 +0100, John <megane.06@gmail.com> wrote:

    On 05/05/2025 12:52, Martin Harran wrote:
    As part of my family research, I've obtained a copy of the MOD records
    for a distant cousin. It includes Army Form 0.1619 which records
    particulars of an soldier convicted in a non-military court.

    How did you obtain the MOD records? I would like to trace my dad, who
    was in the army during the late 50's/early 60's. I don't know whether
    he knew I existed but all I know is he was born in Scotland, possibly
    between 1935 - 1940 ish. He may well be dead now, I have no idea.

    My mum told me when I was 25, and that she wrote to him to let him know
    but never heard back. The man who she married is the one named on my
    birth cetificate, but they split up when i was very young.

    I replied to this at the time but I am having problems with some of my
    posts not making it to UKLM. I realise SH has helped out but here's my original reply anyway:

    Start here:

    https://www.gov.uk/government/collections/requests-for-personal-data-and-service-records

    It's a two step-process as the MOD have to check whether they have the records or whether they have been transferred to the National Archive,
    in which case they will give you a link with a reference number for
    the person.

    AFIUI, you can only get records for yourself or for a deceased person.
    If it is a deceased person, you have to produce evidence of death
    unless they were born over 116 years ago. I'm not sure if there some
    way around that in your situation.

    There is a fee for the records, from memory I think it was £25 or
    something like that but you do get a lot of stuff for it incluing
    their declared next-of-kin which might be of interest to you.


    i have found getting hold of wills of deceased people can be very
    illuminating for finding love childs, past lovers etc. I found out via
    this route that a relative actually had 7 children across 4 different
    women instead of 3 children with his 2nd wife.....

    I also had another relative who I struggled to find an children....
    getting the will revealed two children and 3 grandchildren!

    Incredibly cheap at £1.50 a will compared to £4 for a digital image or £12.50 for a paper version.

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