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Grand Jury Abolition Act—Amendment

terms

2. In the construction of this Act the words 'General Quarter Interpretation of Sessions' shall mean the Courts established under the provisions of 9th Vic. No. 4.

3. The Acts mentioned in the Schedule hereto are hereby repealed. Repeal of Acts 4. A Grand Jury shall not be summoned for the Supreme Court of No Grand Jury Western Australia, nor for any General Quarter Sessions for the said to be summoned Colony.

5. Whenever any person shall be or shall have been committed to Information to custody or held to bail for trial for any felony or misdemeanor before be filed the Supreme Court or before any Court of General Quarter Sessions, an information may be filed if the person is committed for trial before the Supreme Court by the Attorney General with the Registrar of the said Court, and if the person is committed for trial before any Court of General Quarter Sessions an information may be filed by the Chairman thereof with the Clerk of such Court of Sessions.

6. Such information when filed shall be in lieu of a bill of indictment found by a Grand Jury, and it shall have the like effect in all respects as an indictment, whether as to trial or otherwise.

7. No such information shall be held to be bad or invalid by reason that the offence charged therein differs from the offence specified in the commitment or detainer or for which the person charged was held to bail, provided that such information shall apply to or charge some act or offence disclosed or to be inferred from the depositions, or from the commitment or recognizance.

Information to be in lieu of an

indictment

Information not to be bad because different offence

it charges a

8. The information shall specify the offence with which the person Form of informais charged, and shall be as nearly as possible in the form No. 1 in tion

the Schedule hereto. Provided always, that no information shall be Not to be bad for held to be bad or invalid for mere inaccuracy in form, and that no want of form objection shall be allowed to prevail in any Court of Justice whatever in the said Colony except such an objection as by the laws of England may now be made to an indictment; and the Supreme Court and every Judge thereof, and every Court of General Quarter Sessions, shall have all the powers of amendment which by the laws of England are given to the Judge or Court on a trial for an indictable offence in England.

Chairman of

Quarter Sessions to act as a Grand

Jury

9. The Attorney General shall exercise every function with regard Attorney to criminal trials and proceedings in the Supreme Court that were General and exercised by Grand Juries within the said Colony before the 1st June, 1855; and the Chairman of every Court of General Quarter Sessions shall exercise the same functions with regard to criminal trials and proceedings in his Court. And no information as aforesaid shall be filed in the Supreme Court or in any Court of General Quarter Sessions unless such information shall have been approved in writing, endorsed thereon by the Attorney General or by such chairman respectively, as aforesaid.

10. The Attorney General and the Crown Solicitor, or either of them, or some other person duly appointed for that purpose, shall act as public prosecutors, and conduct all criminal trials held in the Supreme Court.

Attorney

General and to be Public

Crown Solicitor

Prosecutors

11. When a person has been committed or held to bail as aforesaid Proceedings to take his trial before the Supreme Court for any felony or mis- when Attorney

to file an in

formation

Grand Jury Abolition Act-Amendment

General declines demeanor, and the Attorney General shall, in the exercise of his discretion, decline to file an information against such person, the Attorney General shall forthwith grant a certificate under his hand in the form No. 2 in the Schedule to this Act, addressed to the Chief Justice of the Supreme Court, which shall be filed by the Registrar thereof with the records of the said Court; and if the said person has been committed to gaol pending his trial the Attorney General shall also, by warrant under his hand, in the form No. 3 in the Schedule to this Act, forthwith direct the Sheriff or gaoler in whose custody such person may be to discharge immediately such person from imprisonment, and every such Sheriff or gaoler shall forthwith discharge such person from custody; and if the said person is on bail the Registrar of the Supreme Court shall, by writing under his hand, forthwith inform the person charged, and the persons who are bail for his appearance at the trial, that the Attorney General has declined to prosecute, and that the recognizances are discharged.

Proceedings

when Chairman of Quarter Sessions declines to file an information

Penalty if Sheriff or gaoler refuse to discharge prisoner

Information or

other than that

12. If such person has been committed to take his trial before any Court of General Quarter Sessions, and the chairman of the said sessions shall in the exercise of his discretion decline to file an information against such person, the said chairman shall forthwith grant a certificate under his hand, in the form No. 4 in the Schedule to this Act, addressed to the Court of General Quarter Sessions of which he is chairman, and the said certificate shall be filed by the clerk of such Court amongst the records of the Court; and if the said person has been committed to gaol, and is in custody pending his trial, he shall also by warrant under his hand, in the form No. 5 in the Schedule to this Act, forthwith direct the Sheriff or gaoler in whose custody such person is to discharge immediately such person from custody, and every such Sheriff or gaoler shall immediately discharge such person from custody; and if such person is on bail, the clerk of the said Court shall, by writing under his hand, inform the person charged, and the persons who are bail for his appearance at the trial, that the said chairman has declined to prosecute, and that the recognizances are discharged.

13. If any such Sheriff or gaoler, after receiving a warrant as aforesaid, shall refuse or neglect to discharge immediately such person from custody as aforesaid, he shall for every such refusal or neglect be guilty of a misdemeanor, and he shall be liable to forfeit and pay to the use of Her Majesty a fine or penalty of Fifty pounds, to be recovered by action in the Supreme Court in the name of Her Majesty's Attorney General.

14. No information or trial or proceedings in connection therewith trial in a district in any Court of General Quarter Sessions shall be held to be bad or mentioned in the invalid by reason of such information having been filed or such trial or proceedings having been held or taken in a district other than that in which the committing Justice or Justices reside or in which the offence charged was committed.

Aót not to be invalid

Commencement of Act

15. This Act shall commence and take effect from and after the first day of November, 1888.

F. NAPIER BROOME,
GOVERNOR.

Grand Jury Abolition Act-Amendment

SCHEDULE OF THIS ACT

18 Vic., No. 5.-'An Act to abolish Grand Juries, and to substitute other provisions in lieu thereof.'

23 Vic., No. 2.-'An Ordinance to provide for the Summary Discharge, in certain cases, of Persons under Committal for Felony and Misdemeanor.'

FORM No. 1

In the Supreme Court Western Australia.

Be it remembered that the Honourable (name of Attorney General) Attorney General of our Sovereign Lady the Queen, who for our said Lady the Queen prosecutes in this behalf, in his proper person comes into the Supreme Court of our said Lady the Queen, at Perth, in the Colony aforesaid, on the in the year of our Lord one thousand eight hundred and eighty ; and for our said Lady the Queen gives the Court here to understand and be informed that (here state the offence charged as in an indictment).

day of

In the Court of General Quarter Sessions of (name of district) Western Australia.

day of

Be it remembered that (name of Chairman) the Chairman of the General Quarter Sessions of the Peace held at (name of place) in his proper person comes into the said Court at (name of place) in the Colony aforesaid, on the in the year of our Lord one thousand eight and gives the Court here to understand and be informed that (name of prisoner) is charged for that (here state the offence charged as in an indictment).

hundred and eighty

To

Australia.

FORM No. 2

Esquire, Chief Justice of the Supreme Court of Western

This is to certify that I decline to file any information against (name of person charged), on a charge of (here state what the charge is).

Given under my hand this

day of

FORM No. 3

188 Attorney General.

To

Esquire, Sheriff of the Colony of Western Australia (or as the case may be).

to A.B. the Gaoler of Whereas detained in your custody under a Warrant of Esquire, Justice of the Peace, upon a charge of ; And whereas I have declined to file any information against the said for the said offence; You are hereby authorised and required forthwith to discharge the said from your custody upon the said Warrant.

Given under my hand this

day of

FORM No. 4

188

Attorney General.

To the Court of General Quarter Sessions of

This is to certify that I decline to file any information against (name of person charged) on a charge of (here state what the charge is).

Given under my hand this

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(Name) Chairman of General Quarter Sessions.

Grand Jury Abolition Act-Amendment

FORM No. 5

To the Gaoler of Whereas detained in your custody under the warrant of Justice of the Peace, upon a charge of ; And whereas I have declined to file any information against the said for the said offence; You are therefore hereby authorised and required forthwith to discharge the said from your custody upon the said warrant. Given under my hand this

day of

188

Chairman of General Quarter Sessions.

Short title

Repeal of Acts

Interpretation of terms

WESTERN AUSTRALIA

ANNO QUADRAGESIMO SEPTIMO

VICTORIÆ REGINÆ

No. 8

An Act to consolidate and amend the Laws providing for the summary trial and punishment of Aboriginal Native Offenders in certain cases.

W

[Assented to 8th September, 1883.

HEREAS by several Ordinances and Acts of the Colony of Western Australia, provision is made for the Summary Trial and Punishment of Aboriginal Offenders; And whereas it is expedient to consolidate and amend the said Ordinances and Acts; Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows::

1. This Act may be cited for all purposes as 'The Aboriginal Offenders Act, 1883.'

2. From and after the commencement of this Act, the Ordinances and Acts mentioned in the Schedule to this Act shall be and the same are hereby repealed; Provided always, that this repeal shall not affect the validity of any proceeding commenced, had, or taken under the provisions of the said Acts or of any of them.

3. The following words in this Act shall bave the meanings hereby assigned to them, that is to say :—

The word 'Magistrate' shall mean a Government Resident, or
a Resident Magistrate, or a Police Magistrate, and shall not
be taken to mean any other Justice of the Peace.
The words 'Justice of the Peace' shall mean any Justice of the
Peace not being a Magistrate as aforesaid.

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The words General Quarter Sessions' shall mean the Courts established under the provisions of the Act 9 Vic., No. 4. The words 'Aboriginal Native' shall mean any person of the whole or half-blood of the aboriginal native race.

Aboriginal Native Offenders

with Justices may summarily

try certain

offences

4. It shall be lawful for a Magistrate, together with one or more A Magistrate Justices of the Peace not interested in the subject matter of the complaint, to inquire into and try in a summary manner any felony or misdemeanor committed within the district of the said Magistrate (except any of those offences mentioned in the fifth section of this Act) with which any aboriginal native shall be charged before them; and if the said native shall be proved to the satisfaction of the said Court to have committed the offence charged, or shall voluntarily confess the same, it shall be lawful for the said Court to sentence such native to be imprisoned, with or without hard labor, in any gaol or other place lawfully appointed for the confinement of such offenders, for any term not exceeding two years. Provided always, that if any aboriginal native shall be charged before such Court as aforesaid with having committed two or more offences, the sentence or sentences for both or all of such offences shall not exceed in the whole the term of two years. Provided further, that it shall not be lawful for a Magistrate alone to exercise the powers given by this section.

5. No aboriginal native shall be tried under the summary jurisdic- Offences not sum tion mentioned in this Act for any of the offences next hereinafter marily triable named, that is to say: wilful murder; administering or causing to be administered to or to be taken by any person any poison or other destructive thing, or wounding or causing any grievous bodily harm to any person with intent, in any of the cases aforesaid, to commit murder; rape; burglary in a dwelling accompanied by an assault with intent to murder any person being therein, or with a wounding, beating, or striking of any such person; but the Magistrate and Justices or Magistrate or Justices or Justice before whom any aboriginal native is charged, if he or they shall be of opinion that the evidence justifies the committal of such native for any of the offences mentioned in this section, shall commit such native for trial before the Supreme Court of Western Australia.

6. It shall be lawful for any Magistrate, or for any two or more Justices of the Peace not interested in the subject matter of the complaint, to inquire into and try in a summary manner any felony or misdemeanor (except any of the offences mentioned in the fifth section of this Act) with which any aboriginal native shall be charged before them, and if the said native shall be proved to the satisfaction of such Magistrate or Justices to have committed such offence, or if he shall voluntarily confess the same, it shall be lawful for the said Magistrate or Justices to sentence such native to be imprisoned, with or without hard labor, in any gaol or other place lawfully appointed for the confinement of such offenders, for any term not exceeding one year. Provided always, that if such native shall be charged before such Magistrate or Justices with having committed two or more offences, the sentence or sentences for both or all of the said offences shall not exceed in the whole the term of one year.

7. If any one Justice of the Peace shall receive any complaint or charge touching any felony or misdemeanor (except any of those mentioned in the fifth section of this Act) alleged to have been committed by any aboriginal native, and it shall happen that no other Justice of the Peace is resident or can be found at the time within twenty miles from the residence of the Justice receiving such complaint or charge,

A Magistrate or

two or more Justices may sum

marily try cer

tain offences

One Justice may under certain summarily try

circumstances

such offences

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