« EelmineJätka »
6. Any number of accessories at different times Several to any felony, and any number of receivers at dif- accessories ferent times of property stolen at one time, may be may be incharged with substantive felonies in the same indict- the same ment, and may be tried together, notwithstanding indictment
although the principal felon shall not be included in the same
principal indictment, or shall not be in custody or amenable felon not to justice.
Note. This clause is framed from the 14 & 15 Vict. c. 100, s. 15, and the words in italics inserted. The Committee of the Commons who sat on the 14 & 15 Vict. c. 100, struck out those words, not perceiving that they were the only important words in the clause : for there never was any doubt that separate accessories and receivers might be included in the same indictment under the circumstances referred to in the clause; the doubt was, whether they could be compelled to be tried together in the absence of the principal where they separately became accessories, or separately received.
The marginal note was erroneously altered after the Bill went to the House of Lords. It began "separate accessories,” because the clause applies only to accessories at different times, Several
persons may become accessories at one and the same time and place.
7. Where any felony shall have been wholly com- Trial of mitted within England or Ireland, the offence of accessories. any person who shall be an accessory either before or after the fact to any such felony may be dealt with, inquired of, tried, determined, and punished by any Court which shall have jurisdiction to try the principal felony, or any felonies committed in any county or place in which the act, by reason whereof such person shall have become such accessory, shall have been committed: and in every other case the offence of any person who shall be an accessory either before or after the fact to any felony may be dealt with, inquired of, tried, determined, and punished by any
Court which shall have jurisdiction to try the principal felony or any felonies committed in any county or place in which such person shall be apprehended or be in custody, whether the principal felony shall have been committed on the sea or on the land, or begun on the sea and completed on the land, or begun on the land and completed on the sea, and whether within Her Majesty's dominions or without, or partly within Her Majesty's dominions and partly without; provided that no person who shall be once duly tried either as an accessory before or after the fact, or for a substantive felony under the provisions hereinbefore contained, shall be liable to be afterwards prosecuted for the same offence.
Note.-This clause is taken from the 7 Geo.4, c. 64, ss. 9, 10; 9 Geo. 4, c. 54, ss. 23, 24 (I.); and 11 & 12 Vict. c. 46, s. 2.
Under those enactments accessories might be tried by any Court which had jurisdiction to try the principal, although the principal felony had been committed on the sea or on land, whether within the Queen's dominions or without, and where the principal felony was committed in one county, and the act by which the person became an accessory was done in another county, the accessory might be tried in either.
By the earlier part of this clause, where the principal felony is wholly committed in England or Ireland, the accessory may be tried either in the county where the principal felony may be tried, or in the county where the act by which he became an accessory was done. But where the principal felony is not committed wholly in England or Ireland, the accessory may be tried by any Court which has jurisdiction to try the principal, or in any county, in which the accessory may be apprehended or be in custody. The object of this latter provision is to meet cases where the principal felony may have been committed, either on land or sea, out of Engiand and Ireland ; in such cases no Court had jurisdiction to try the
principal until he was apprehended in England
As to abettors in misdemeanors : 8. Whosoever shall aid, abet, counsel, or procure Abettors the commission of any misdemeanor, whether the in misdesame be a misdemeanor at Common Law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender.
Note. This clause is framed from the similar clauses in 7 & 8 Geo. 4, c. 30, s. 26; 9 Geo. 4, c. 56, s. 33 (I.), &c., &c.
As to other matters : 9. Where any person shall, within the jurisdiction As to of the Admiralty of England or Ireland, become an offences accessory to any felony, whether the same be a felony committed at Common Law or by virtue of any Act passed or to jurisdiction be passed, and whether such felony shall be committed of the within that jurisdiction or elsewhere, or shall be begun
Admiralty. within that jurisdiction and completed elsewhere, or shall be begun elsewhere and completed within that jurisdiction, the offence of such person shall be felony ; and in any indictment for any such offence the venue in the margin shall be the same as if the offence had been committed in the county or place in which such person shall be indicted, and his offence shall be averred to have been committed “on the high seas ; provided that nothing herein contained shall alter or affect any of the laws relating to the government of Her Majesty's land or naval forces.
Note.-This clause is new.
The object of the earlier part of this clause is to remove a doubt whether a person who became an accessory on the sea in the cases mentioned in it, was a felon; it may be that this was an unfounded doubt, but it was thought better to prevent the question arising. The 7 Geo. 4, c. 64, s. 9, contained a similar enactment. See s. 2, ante, p. 22.
The latter part of the elause is framed on the 7 & 8 Vict. c. 2, and provides for the form of indictment against accessories on the sea.
Act not to extend to Scotland.
10. Nothing in this Act contained shall extend to Scotland, except as herein-before otherwise expressly provided.
11. This Act shall commence and take effect on ment of the first day of November one thousand eight hunAct.
dred and sixty-one.
OFFENCES AGAINST THE PERSON.
24 & 25 VICT. c. C.
An Act to consolidate and amend the Statute Law
of England and Ireland relating to Offences against the Person.
[6th August, 1861.] THEREAS it is expedient to consolidate and
amend the Statute Law of England and Ireland relating to offences against the person: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. Whosoever shall be convicted of murder shall Murder. suffer death as a felon.
Note.—This clause is taken from the 9 Geo. 4, c. 31, s. 3, and 10 Geo. 4, c. 34, s. 4 (I.).
2. Upon every conviction for murder the Court shall Sentence pronounce sentence of death, and the same may
be carried into execution, and all other proceedings upon such sentence and in respect thereof may be had and taken, in the same manner in all respects as sentence of death might have been pronounced and carried into execution, and all other proceedings thereupon and in respect thereof might have been had and taken, before the passing of this Act, upon