PART II. AS TO INDICTABLE OFFENCES. Observations. THE 11 & 12 Vict. c. 42 (a), has effected the like alteration Preliminary and improvement in the practice antecedent to and on the preliminary examination before justices as to Indictable Offences, as the 11 & 12 Vict. c. 43, has done in regard to Summary Convictions and Orders (ante, p. 1). Its preamble is similar, and it takes effect on the same day (ss. 1, 33). Proceeding upon the same plan as that adopted in Part I. (as to Summary Convictions and Orders), we will give, first, an Outline of the Provisions, comprising a view of the various Points to be attended to in the Practice; and, secondly, an Epitome of the Jurisdiction of Justices out of Sessions as to Indictable Offences. Many of the provisions of the act (11 & 12 Vict. c. 44) for protecting justices from vexatious actions, abstracted at p. 8, will be applicable here also. First, AN OUTLINE of the NEW PRACTICE, as recently enacted (b). Preferring the Charge.—If a warrant is intended to issue, an infor mation in writing and on oath must be laid; but if a summons, The Process to issue against Offenders.-A summons or warrant at (a) Intituled "An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Persons charged with Indictable Offences." [14th August, 1848.] (b) By s. 29, nothing in this act contained shall alter or affect in any manner whatsoever any of the powers, provisions or enactments contained in the following acts relating to the police and the powers of justices within the metropolitan police district, viz. 10 Geo. 4, c. 44; 2 & 3 Vict. c. 47; 2 & 3 Vict. c. 71; and 3 & 4 Vict. c. 84. By s. 32, the town of Berwick-upon-Tweed shall be deemed to be within England for all the purposes of this act. By s. 34, the following acts and parts of acts are repealed from and after the 2nd day of October, 1848, viz. whole acts—13 Geo. 3, c. 31; 28 Geo. 3. c. 49; 54 Geo. 3, c. 186; 1 & 2 Geo. 4, c. 63; and parts of the following--44 Geo. 3, c. 92, and 45 Geo. 3, c. 92, as relate to the apprehension, backing Outline of New by leaving the same with some person for him at his last or most usual place of abode (s. 9). Warrant on disobedience, and proof of service of summons (s. 9), or warrant may be issued before or after the time of appearance to the summons (s. 1). For offences committed at sea or abroad, justice where offender is to grant a warrant (s. 2). Where an indictment found, justice, upon certificate from clerk of indictments or of the peace, to grant warrant (s. 3). Any warrant or any search warrant may be granted on a Sunday (s. 4). All warrants may be backed (ss. 11, 12, 13, 14, 15, see ante, p. 6). Remanding or Bailing Accused.—One justice may do so by committing accused to gaol for not exceeding eight clear days; or if not exceeding three clear days, a verbal order to detain him sufficient. Instead of detention, accused may be bailed with or without sureties. Justice may have accused before him before expiration of remand (s. 21). Compelling Witnesses' Attendance, &c-By s. 16, a summons is to be issued on an oath being made that the person within the justice's jurisdiction is likely to give material evidence for the prosecution. Service may be as a summons to an offender; if disobeyed, a warrant may be issued on proof of service; or if justice satisfied by oath that the witness will not attend without being compelled, a warrant in the first instance. Refusing to be examined or to answer questions, imprisonment for not exceeding seven days. The Preliminary Examination.—Place not an open court (s. 19). Statement of witnesses to be taken on oath in the presence of the accused, who are to sign same as well as justice. Depositions of persons who have died, or who are absent, may in certain cases be read in evidence (s. 17). After examination of prosecutor's witnesses completed, justice to cause the depositions to be read to accused, and cautioned. Form given (s. 18). If evidence insufficient, accused to be discharged; but if sufficient, warrants, and bailing offenders escaping from Ireland into England, or from England into Ireland; 3 Geo. 4, c. 46, as relate to the form of recognizances, and to the notice to be given to persons acknowledging the same; 7 Geo. 4, c. 38, as relate to taking of examinations and commitment of persons charged with offences upon the sea; 7 Geo. 4, c. 64, and 5 & 5 Will. 4, e. 33, as relate to bail in cases of felony, and taking examinations in felonies and misdemeanors, and binding persons to prosecute, &c.; 6 & 7 Will. 4, c. 114, as relate to the right of the accused to copies of depositions, and all other act or acts, or parts of acts which are inconststent with the provisions of this act, save and except so much of the said several acts as repeal any other act or parts of acts, and also except as to proceedings now pending, to which the same or any of them are applicable. to be committed for trial or bailed (s. 25). Money in accused's Outline of New Where offender apprehended in one county on charge of an offence committed in another, he may be examined in the former (ss. 11, 22); and if evidence sufficient, committed to the prison of the latter; but if evidence insufficient, justice to order accused to be taken before a justice of the county where offence committed, and bind over the witnesses to give evidence, at the same time delivering the complaint and depositions to the constable. Order on treasurer of county for constable's expenses of conveying the accused into the proper county (s. 22). Binding over Prosecutor and Witnesses, &c.—Justice taking examinations to do so. Recognizance to specify trade and number of residence of person bound. Witnesses refusing to enter into same may be committed until after the trial of accused, unless recognizance sooner acknowledged. If accused not committed or held to bail for the offence, any justice may discharge the witness from gaol (s. 20). Bailing Accused (s. 23).-Before committal, examining justice may at discretion take bail in any felony and in certain specified misdemeanors. After commital, the committing justice may do so; or if he be of opinion that the accused should be bailed, he may grant a certificate of consent on the back of the commitment or on a separate paper; and a justice attending the gaol shall bail him, and the sureties may be taken elsewhere on production of a like certificate to a justice where they reside. In other misdemeanors, the examining magistrate may bail instead of committing; or after committal, a visiting justice of the gaol may do so. No bail to be taken for treason but by order of secretary of state. Warrant of deliverance to be lodged at gaol when bail taken (s. 24). Forms.-A large body of forms are given (see s. 28). Secondly, AN EPITOME OF THE JURISDICTION OF JUSTICES Jurisdiction of out of Sessions in regard to Indictable Offences. Their jurisdiction in indictable offences out of sessions is given them by the commission of the peace, and by a previous statute, 34 Edw. 3, c. 1, since explained and amended by other statutes (see Arch. Ed. 7), and is greatly extended by the 11 Justices. Jurisdiction of & 12 Vict. c. 42, both as to the offences and the place where Justices. the offences may have been committed. As to the offences. As to place. Their jurisdiction as to the offences. The act (11 & 12 Vict. c. 42) gives them jurisdiction in "any treason, felony, or indictable misdemeanor, or other indictable offence whatsoever" (s. 1). Formerly justices had no jurisdiction to commit for trial in misdemeanors which were not against the peace, as perjury (R. v. Bartlett, 12 Law J. (N. S.) M. C. 127); but now they have such jurisdiction of all indictable offences (see Arch. Ed. 7, 8), including libel, nuisance, &c.; and there is no restriction as to offences connected with the revenue, as in the 11 & 12 Vict. c. 43, s. 35. The jurisdiction of justices as to the place where the offence is committed. 1. The sections 5, 6, 7 of the 11 & 12 Vict. c. 42, authorizing justices for two or more adjoining counties, &c. to act in one for the other, &c. set out at pp. 5, 6 (Part I. Summary Convictions and Orders) apply here. 2. By ss. 29, 30, metropolitan police magistrates and stipendiary magistrates, and the lord mayor or any alderman, may act alone; but nothing in this act is to affect the powers contained in 2 & 3 Vict. c. 94 (and see note (b), ante, p. 297). 3. By s. 31, the chief magistrate of Bow Street may be a justice for the county of Berks without qualification. 4. Justices are authorized to issue a warrant and commit for trial any person charged with having committed an indictable offence within their jurisdiction, no matter where such person shall reside or be; 5. Or for offences out of their jurisdiction, if the person charged be or be supposed or suspected to be within it (s. 1); 6. And also for offences committed at sea or abroad (s. 2), or against whom an indictment found (s. 3), if the persons charged be within their jurisdiction. 7. In either of the cases mentioned in 6, the offender is to be committed to the same prison as if the offence had been committed on land within the jurisdiction of the committing justice (7 & 8 Vict. c. 2, s. 3; 9 Geo. 4, c. 31, s. 7; see Arch. Ed. 11, 12). See further the preliminary observations to Chap. II. post, p. 339, as to trial of offenders for offences committed on the borders of counties, &c. 8. See sects. 11 to 15, set out in Part I. ante, pp. 6, 7, as to the backing of warrants, which apply here also (c). (c) See the 6 & 7 Vict. c. 34, ss. 2, 10, as to warrants for apprehension of offenders escaping to the colonies. |