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suicides and resultant public indignation have had to
re-establish the old custodial practices. The retention of
patients, or to put it crudely, the high imprisonment
rate in our mental hospitals persists, as no risks must be
taken.
Because of the changing attitudes to criminality it is
now believed that the psychiatrist should no longer
permit himself to be used to segregating under the cate-
gories of unfit to plead and guilty but insane one group
of persons in the community thus permitting those not
classed in that way in these categories as being fit to be
punished as criminals who have deliberately and with a
full sense of responsibility perpetrated their aberrant
behaviour in society. Clearly for instance, the term
"criminal lunatic" is a contradiction in terms. Also the
two pleas of guilty but insane or unfit to plead were
frequently used because of collusion between the legal
and psychiatric professions, with increasing laxity and
imprecision in the application of the law in criminal
cases or the trial of such in the courts whether before
arraignment on the pleas in Bar or unfitness to plead as
an excuse for the act. The abuses appear to have
occurred in many instances as for example where an
attempt is made to prevent arraignment of a person of
high repute in the community guilty of serious em-
bezzlement or a similar offence, insanity is simulated
and a spell comparable to that likely to follow that of a
sentence in court is spent in a private or a district mental
hospital, after which period it is hoped that the charge
will be dropped. It occurs where the court fails to apply
the strict rules in such cases and simply asks the psychi-
atrist for his opinion as to the fitness to plead of the
defendant and then accepts it without question. There
was the practice in capital charges where a sentence of
death by hanging might eventually arise, where medical
and legal practitioners frequently tacitly conspired to
persuade juries to bring in favourable verdicts. Insanity
was rarely raised except in murder trials.
It must be clear that there have been so many
instances of misuse of these pleas at times for humani-
tarian and at other times for less laudable reasons that
a new relationship between criminality, psychiatry and
the legal profession must be structured following consid-
eration by both professions of all its implications both
in their own relationship as well as in the evolution and
development of a new penological system better equated
to our present understanding of human behaviour. It is
hoped that this will henceforth be concerned with
rehabilitation and a return to society of the individual
following skilled professional care and attention in our
institutions. It is also necessary that the public should
be protected from those persons whose behaviour is so
disturbed as to be a likely source of danger to other
members of the community.
THIS IS YOUR BUSINESS
by a Legal Correspondent
Being your own boss—despite all the laws and bye-laws
that regulate this way of life—is a most commendable
ambition. But it may also be a very perilous one, fraught
with major difficulties unless you take precautions.
Short of committing a major crime there is hardly any
decision more likely to land you in urgent need of legal
advice than starting your own business. But don't let
that put you off. If you have the foresight to consult a
solicitor at the outset, many of the difficulties can be
removed, and very often a new approach can be found
for the others.
If you are the kind of person who wants to start or
buy a business you are unlikely to be deterred by diffi-
culties and dangers, but there are hazards which can
discourage even the most astute, and will certainly trap
the unwary. Once the decision to "go it alone" has been
made you must consider the type of enterprise it should
be.
Perhaps other people are putting up some of the
capital; perhaps you intend to borrow the money to
start the project; is it best to rent or buy premises? The
right answers to these and many other questions are
essential, among them: Should you form a limited
company? Would it be better to go into partnership?
Will it be possibly to get a loan or mortgage? If you are
buying premises, will there be restrictions on their use?
If premises are being leased, will it provide the security
needed ?
You will need advice based on knowledge of the law
and experience for the preparation of the necessary
documents and arrangement of the essential safeguards.
When you engage staff, whether few or many, you
assume further responsibilities—liabilities to them and
because of them.
It may be desirable to provide some employees with
written terms of employment. These terms may include
pay, overtime rates, bonuses, shifts, holidays, sickness,
redundancy payments, promotion and training. You
must be certain that you are aware of all the regulations
relating to safety and to social welfare. A pension scheme
may be part of your plans; if so, you will have to know
the tax and other problems involved.
When the business is established you will give and
obtain credit, give and receive guarantees and make hire
purchase agreements. You must be aware of the full
effect of all these facilities to business and the legal
obligations they impose on you. Contracts with sup-
pliers must be properly drawn up and you must thor-
oughly understand them.
If raw materials are being imported, or finished goods
exported, there are regulations, quotas and tariffs with
which you must be familiar.
No business succeeds unless it is scrupulous in honour-
ing its obligations to csutomers and consumers. "Con-
sumer awareness" and the public's recognition of its
legal rights, means that every business faces greater
risks and demands then ever before. You have to be
sure that you have made proper provision for such things
as public liability : somebody falls and breaks a leg in
your shop or office, or their goods may be stolen from
your warehouse. Insurance of products against legal
liabilities of all kinds, insolvency and loss of profits must
also be taken into account.
There are government aids for some businesses and
also income tax, turnover tax, corporation tax and estate
duty. There are few human activities in this country not
affected by tax today, and these main taxes, for the most
part, concern businesses as well as individuals. Corpor-
ation tax and estate duty can have very serious cflects
upon private limited companies.
Be certain that you have someone to turn to who
understands all aspects of taxation and the problems
associated with it. Tax affects so many business opera-
tions that you must, if you are to stand a reasonable
chance of making a success of your project, know ways
and means of saving tax and lightening its impact.
It is most certainly illegal to evade taxes, but there is
nothing illegal in making sure that you pay no more
than the law requires.
If you want to succeed as owner of a business there is
no better way of starting than by seeking advice from
a man who will look at the project objectively and
provide—from his knowledge and experience—the
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