## Facts

- William Joyce, born in New York, was an American citizen who lived in British territory for about 24 years.
- In 1933, Joyce obtained a British passport by representing himself as a “British subject by birth.”
- The passport was renewed in September 1938 and August 1939 for one-year periods based on the same representation.
- Shortly before World War II began, Joyce went to Germany and made English-language radio broadcasts for German authorities aimed against Great Britain.
- The prosecution proved Joyce made broadcasts after war began and before the 1939 passport renewal expired.
- Joyce’s passport was not found at arrest; the case proceeded on the majority view that a valid British passport conferred Crown protection abroad unless renounced or terminated.

## Issues

1. Whether an alien who holds a valid British passport and thereby enjoys Crown protection abroad owes a duty of allegiance sufficient to support treason liability for adhering to the King’s enemies “elsewhere” under the Treason Act 1351.
2. Whether the passport and its renewals were adequate proof that Joyce remained under Crown protection (and thus owed allegiance) at the time of the charged broadcasts.

## Decision

- The House of Lords affirmed the conviction by majority (Lord Jowitt L.C., Lord Macmillan, Lord Wright, Lord Simonds), with Lord Porter dissenting.
- The majority held that an alien abroad who holds a British passport enjoys Crown protection and therefore owes a corresponding allegiance during the subsistence of that protection.
- Because Joyce’s enemy broadcasts occurred while the 1939 passport protection was found to be in force, his conduct constituted treason under the Treason Act 1351.
- The dissent would have allowed the appeal, principally due to concerns about the trial directions and burden of proof on whether protection (and allegiance) continued throughout the passport’s validity.

## Legal Principles

- Allegiance may arise from protection: a person who claims and enjoys Crown protection may owe allegiance even without British nationality.
- A valid passport can evidence an ongoing relationship of Crown protection abroad, and the recipient may be liable for treason if, during that period, he adheres to the sovereign’s enemies.
- Treason under the Treason Act 1351 can extend to conduct committed outside the realm (“elsewhere”) where a duty of allegiance exists.
- (Dissent) A passport is evidence, not conclusive proof, of continuing protection; the prosecution retains the burden to prove protection (and thus allegiance) at the material time.

## Conclusion

The House of Lords held that Joyce’s treason conviction could rest on allegiance arising from Crown protection associated with a valid British passport, making an alien liable for adhering to the King’s enemies abroad during the period that protection subsisted.


Joyce v. Dir. of Pub. Prosecutions, [1946] A.C. 347 (H.L. 1946)