With Labour returning to its ancestral love of national identity cards, the name of
Harry Willcock has been heard again. He was the Liberal councillor and parliamentary candidate who, after being stopped for speeding in 1950, refused to show his identity card with the immortal words: "I am a Liberal, and I am against this sort of thing."
Highgate magistrates found him guilty of refusing to show his card - Wilcox had argued that this police power had lapsed when the state of emergency that gave rise to the relevant act had expired - but gave him an absolute discharge. He was also fined for speeding.
Despite the absolute discharge, Wilcox appealed to the High Court against his conviction for not showing his card.
At this point, as Neil Hickman tells in a letter to The Law Society Gazette, a second and very unlikely Liberal hero emerged in the shape of the ferocious lord chief justice Lord Goddard:
Let’s recall the post-war saga of identity cards. These were introduced as an emergency measure at the outbreak of World War 2. The post-war Labour government, an admirable administration but with a marked authoritarian streak, took a conscious decision not to repeal the relevant legislation; and the police routinely demanded the production of identity cards whenever they stopped someone.
One Harry Willcock, stopped for speeding, refused 'on principle' to produce his identity card. On his appeal from the inevitable conviction before the magistrates, Lord Goddard said [Willcock v. Muckle [1951] 2 KB 844]:
'Of course, if [the police] are looking for a stolen car or have reason to believe that a particular motorist is engaged in committing a crime, that is one thing, but to demand a national registration identity card from all and sundry, for instance, from a lady who may leave her car outside a shop longer than she should, or some trivial matter of that sort, is wholly unreasonable… [and] tends to turn law-abiding subjects into lawbreakers, which is a most undesirable state of affairs.
Further, in this country we have always prided ourselves on the good feeling that exists between the police and the public and such action tends to make the people resentful of the acts of the police and inclines them to obstruct the police instead of to assist them….'
And, though Willcock's conviction was upheld, he was not ordered to pay costs, and Goddard indicated that any future bench of magistrates obliged to convict a citizen of failing to produce an identity card should grant an absolute discharge. Identity cards were, in fact, scrapped the following year.
Neil Hickman, a retired district judge, is the author of Despotism Renewed? Lord Hewart Unburied, which I reviewed in Liberator last year. Hewart was a Liberal politician who later served as lord chief justice between 1922 and 1940.
Oh and Harry Willcock's full name was Clarence Harry Willcock, which may be why Lord Bonkers insists on calling him Clarence "Frogman" Willcock.