Law Weblog

Law reform – one prosecution in 800 years justifies old offence

Saturday 31 July 2010 at 7:29 am | In News | Post Comment A Church of England vicar, Reverend Alex Brown, was found guilty this week of carrying out the biggest ever fake wedding involving 360 illegal immigrants.

Brown is the only vicar in 800 years to be convicted of failing to read out the banns (asking the congregation if they knew of ‘any just cause or impediment’ why two people may not marry).

At St Leonards, East Sussex, Brown married up to eight couples a day between 2005 and 2009, once married they were able to obtain a visa to stay in Britain.

In 2004, new rules were brought in to bring vicars into line with registrars who were required to make thorough checks. But Brown switched to the ancient banns method of marriage rather than using the common licence, which meant he was able to conduct ceremonies in secret.

The church tried, and failed, to deal with the matter internally. Home Office officials noticed the startling number of immigration applications from foreign newlyweds listing Brown’s church and called in the police.

The Law Commission often cites an absence of prosecutions as the reason for repealing legislation but in this case this ancient provision has proved its worth. Under the Marriage Act 1949 the penalty is 14 years imprisonment.

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