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Grand Jury Abolition Act- Amendment

Information to

indictment

2. In the construction of this Act the words General Quarter Interpretation of Sessions' shall mean the Courts established under the provisions of terms 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 The Acts mentioned in the Schedule hereto are hereby repealed.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 be in lieu of an respects as an indictment, whether as to trial or otherwise.

7. No such information shall be held to be bad or invalid by reason Information not that the offence charged therein differs from the offence specified in the beheel because the commitment or detainer or for which the person charged was held different offence 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.

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.

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, Quarter Sessions 1855; and the Chairman of every Court of General Quarter Sessions to act as a Grand 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 Attorney them, or some other person duly appointed for that purpose, shall act General and as public prosecutors, and conduct all criminal trials held in the to be Public Supreme Court.

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

Prosecutors

Grand Jury Abolition Act Amendment

to file an in-
formation

when Chairma22

sions declines to
file an informa-
tion

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 band 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, forth with 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 forth with 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 12. If such person has been committed to take his trial before any of Quarter Ses

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 forth with 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. Penalty if Sheriff

13. If any such Sheriff or gaoler, after receiving a warrant as or gaoler refuse

aforesaid, shall refuse or neglect to discharge immediately such person to discharge prisoner 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. Commencement

15. This Act shall commence and take effect from and after the first day of November, 1883.

F. NAPIER BROOME,

GOVERNOR.

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Information or

Act not to be
invalid

of Act

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 pro-
secutes 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.

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 (rame of place) in the Colony aforesaid, on

the day of

in the year of our Lord one thousand eight hundred and eighty

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).

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FORM No. 2
To

Esquire, Chief Justice of the Supreme Court of Western
Australia.
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

Attorney General.

188

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FORM No. 3
To

Esquire, Sheriff of the Colony of Western Australia (or
to A.B. the Gaoler of

as the case may be). 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 forth with to discharge the said

from your custody upon the said Warrant. Given under my hand this

day of

188
Attorney General.

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FORM No. 4
To the Court of General Quarter Sessions of

This is to certify that I decline to file any information against (rrame of person
charged) on a charge of (here state what the charge is).
Given under my hand this

day of
(Name) Chairman of General Quarter Sessions.

188 .

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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.

WESTERN AUSTRALIA

ANNO QUADRAGESIMO SEPTIMO

VICTORIÆ REGINÆ

No. S

Short title

Repeal of Acts

An Act to consolidate and amend the Laws providing for

the summary trial and punishment of Aboriginal Native Offenders in certain cases.

[Assented to 8th September, 1883. THEREAS by several Ordinances and Acts of the Colony of

Western Australia, provision is made for the Summary Ťrial 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.
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.

Interpretation of terms

Aboriginal Native Offenders

obfences

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 com- with Lusticesi plaint, to inquire into and try in a summary manner any felony or try certain 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 A Magistrate or Justices of the Peace not interested in the subject matter of the com

two or more:Jusplaint, to inquire into and try in a summary manner any felony or marily try cermisdemeanor (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 the Pe shall receive any complaint or One Justice may charge touching any felony or misdemeanor (except any of those men under certain tioned in the fifth section of this Act) alleged to have been committed summarily try by any aboriginal native, and it shall happen that no other Justice of such offences 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,

tices

may sum

tain offences

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