42 & 43 Vict. c. 49. Cost of pro secution of indictable offences dealt with summarily. Acts relating to offences punishable on summary conviction shall apply accordingly; and (2) The evidence of any witness taken before the Court assumed the said power, need not be taken again, but every such witness shall, if the defendant so require it, be recalled for the purpose of cross-examination; and (3) The conviction for any such offence shall be of the same effect as a conviction for the offence on indictment, and the Court may make the like order for the restitution of property as might have been made by the Court before whom the person convicted would have been tried if he had been tried on indictment; (s) and (4) Where the Court have assumed the power to deal with the case summarily, and dismiss the information, they shall, if required, deliver to the person charged a copy certified under their hands of the order of such dismissal, and such dismissal shall be of the same effect as an acquittal on a trial on indictment for the offence; and (5) The conviction shall contain a statement either as to the plea of guilty of an adult, or in the case of a child as to the consent or otherwise of his parent or guardian, and in the case of any other person of the consent of such person, to be tried by a Court of Summary Jurisdiction; and (6) The order of dismissal shall be transmitted to and filed by the clerk of the peace in like manner as the conviction is required by the Summary Jurisdiction Act, 1848, to be transmitted and filed, and together with the order of dismissal or the conviction, as the case may be, there shall be transmitted to and filed by such clerk in each case the written charge, the depositions of the witnesses, and the statement, if any, of the accused. 28 Where an indictable offence (the expenses of the prosecution of which would otherwise have been payable out of the local rate) is dealt with summarily in pursuance of this Act by a Court of Summary Jurisdiction, the expenses of the prosecution of such offence shall be payable in manner provided by this section. The Court dealing summarily with any such indictable offence may, if it seem fit, grant to any person who preferred the charge, or appeared to prosecute or give evidence, a certificate of the amount of the compensation which the Court may deem reasonable for his expenses, trouble, and loss of time therein, subject, nevertheless, to such regulations as may be from time to time made by a Secretary of State with respect to the payment of costs in the case of indictable offences; and the amount named in the certificate (s) See sec. 100 of the Larceny Act, 1861, 24 & 25 Vict. c. 96. may include the fees payable to the clerk of the Court of Summary 42 & 43 Vict. Jurisdiction, and the fees payable to the clerk of the peace for filing c. 49. the conviction, depositions, and other documents required to be filed by him under this Act, and such other expenses as are by law payable when incurred before a commitment for trial; and every certificate so granted shall have the effect of an order of Court for the payment of the expenses of a prosecution for felony, made in pursuance of the Act of the seventh year of King George the Fourth, chapter sixty-four, intituled An Act for improving the administration of criminal justice in England," and the Acts amending the same, and the amount named in such certificate shall be paid in like manner as the expenses specified in such order would have been paid. PROBATION OF FIRST OFFENDERS ACT, 1887. 50 & 51 VICT. c. 25. to release upon probation of good conduct instead of sentencing to 1 (1) In any case in which a person is convicted of larceny or Power to Court false pretences, or any other offence punishable with not more than two years' imprisonment before any Court, (t) and no previous conviction is proved against him, if it appears to the Court before whom he is so convicted that, regard being had to the youth, character, and antecedents of the offender, to the trivial punishment. nature of the offence, and to any extenuating circumstances under which the offence was committed, it is expedient that the offender be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a recognizance, with or without sureties, and during such period as the Court may direct, to appear and receive judgment when called upon, and in the meantime to keep the peace and be of good behaviour. (2) The Court may, if it thinks fit, direct that the offender shall pay the costs of the prosecution, or some portion of the same, within such period and by such instalments as may be directed by the Court. CRIMINAL EVIDENCE ACT, 1898. 61 & 62 VICT. c. 36. 1 Every person charged with an offence, and the wife or husband, as the case may be, of the person so charged, shall be a C. (1) This includes a Court of Summary Jurisdiction. See sec. 4. R Competency of witnesses in criminal cases. 61 & 62 Vict. c. 36. competent witness for the defence at every stage of the proceedings, (u) whether the person so charged is solely or jointly (x) with any other person. Provided as follows (a) A person so charged shall not be called as a witness in pursuance of this Act except upon his own application: (b) The failure of any person charged with an offence, or of the wife or husband, as the case may be, of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution: (y) (c) The wife or husband of the person charged shall not, save as in this Act mentioned,(z) be called as a witness in pursuance of this Act except upon the application of the person so charged: (d) Nothing in this Act shall make a husband compellable to disclose any communication made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage: (e) A person charged and being a witness in pursuance of this Act may be asked any question in cross-examination notwithstanding that it would tend to criminate him as to the offence charged: (f) A person charged and called as a witness in pursuance of this Act (a) shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that where with he is then charged, or is of bad character, unless (i.) the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or (ii.) he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the (u) This does not give a prisoner the right of giving evidence before the grand jury (R. v. Rhodes [1899] 1 Q. B. 77), nor of giving evidence in mitigation of punishment when he has pleaded guilty (Reg. v. Hodgkinson, 64 J. P. 808). (x) Where one of two prisoners, jointly indicted, gives evidence under this section and in doing so incriminates the other prisoner, the latter is entitled to cross-examine the former (R. v. Hadwen [1902] 1 K. B. 882). (y) But the Court may comment on it (R. v. Rhodes, ante). (2) See sec. 4 and the schedule, post. The Prevention of Cruelty to Children Act, 1094, 4 Edw. 7, c. 15, is one of the statutes referred to in the schedule. (a) See Charnock v. Merchant [1900] 1 Q. B. 474, ante, p. 82. defence is such as to involve imputations on the 61 & 62 Vict. character of the prosecutor or the witnesses for the c. 36. prosecution; or (iii.) he has given evidence against any other person charged with the same offence: (g) Every person called as a witness in pursuance of this Act shall, unless otherwise ordered by the Court, give his evidence from the witness-box or other place from which the other witnesses give their evidence: (h) Nothing in this Act shall affect the provisions of section eighteen of the Indictable Offences Act, 1848, (b) or any right of the person charged to make a statement without being sworn. Evidence of person charged. 2 Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution. 3 In cases where the right of reply depends upon the question Right of reply. whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply. 4 (1) The wife or husband of a person charged with an offence under any enactment mentioned in the schedule to this Act may be called as a witness either for the prosecution or defence and without the consent of the person charged. (c) (2) Nothing in this Act shall affect a case where the wife or husband of a person charged with an offence may at Common Law be called as a witness without the consent of that person. SCHEDULE. ENACTMENTS REFERRED TO. Calling of wife or husband in certain cases. Session and Chapter. Short Title. Enactments 5 Geo. 4, c. 83 The Vagrancy Act, 1824 The enactment pun ishing a man for 8 & 9 Vict. c. 83 The Poor Law (Scotland) | Section 80. 24 & 25 Vict. c. 100 The Offences against the Sections 48 to 55.(e) (b) Ante, p. 218. Person Act, 1861. (c) It seems that a husband or wife in such a case, though competent, is not a compellable witness. See R. v. Brazil, 63 J. P. 138. (d) Ante, p. 196 Punishment of Removal of disqualifications attaching to felony. 50 & 51 Vict. c. 25. 42 & 43 Vict. c. 49. 29 & 30 Vict. c. 118. Liability of parent or guardian in YOUTHFUL OFFENDERS ACT, 1901. 1 Edw. 7, c. 20. 1 Where a child (g) or young person (g) having been convicted of felony is discharged in accordance with section sixteen of the Summary Jurisdiction Act, 1879, (h) or the Probation of First Offenders Act, 1887, (i) or otherwise, or is punished with whipping only, the conviction shall not be regarded as a conviction of felony for the purposes of section fifteen of the Industrial Schools Act, 1866, (k) or of any disqualification attaching to felony. 2 (1) Where a child or young person is charged with any offence for the commission of which a fine, damages, or costs, may be imposed upon him by a Court of Summary Jurisdiction, and there case of offence is reason to believe that his parent or guardian (g) has conduced to the commission of the alleged offence by wilful default or by habitually neglecting to exercise due care of him, the Court may, on information, issue a summons against the parent or guardian of committed by child or young person. and 51 repealed by the Criminal (f) Sec. 12 gives a wife power to (a) Being an idle or disorderly (b) Having committed a sexual offence other than bigamy; (c) Having committed an offence against the other's property; (d) Being guilty of cruelty to children, including the homicide of a child (Advocate v. Fraser, 3 F. (Just. Cas.) 67). (g) See sec. 11; except that the expression "guardian" includes the guardian of a young person, these expressions bear the same meaning as in the Summary Jurisdiction Act, 1879. See notes (f), (g) and (i), ante, pp. 234 and 236. (h) Ante, p. 233. |