Arrest without warrant in special cases. Arrest of persons found committing offences. Arrest of offender committing indictable offences by night. Arrest during flight. Arrest of persons offering stolen property for sale, etc. Criminal Code. (e.) It is lawful for any person who finds another by night, under such circumstances as to afford reasonable grounds for believing that he is committing the offence, and who does in fact so believe, to arrest him without warrant : (f.) It is lawful for a police officer who finds any person lying or loitering in any place by night, under such circumstances as to afford reasonable grounds for believing that he has committed or is about to commit the offence, and who does in fact so believe, to arrest him without warrant. 543. WHEN it is provided with respect to an offence that the offender may be arrested without warrant subject to certain conditions, the provisions of the last preceding section apply to the offence in question, subject to those conditions. 544. (1.) IT is lawful for a justice or police officer to arrest without warrant any person whom he finds committing any indictable offence or committing any simple offence with respect to which it is provided that a person found committing it may be arrested by a police officer without warrant. (2.) When it is provided with respect to an offence that a person found committing the offence may be arrested without warrant generally, it is lawful for any person who finds another committing the offence to arrest him without warrant. (3.) When it is provided with respect to an offence that a person found committing the offence may be arrested without warrant by a specified person, or specified persons, it is lawful for any such person who finds another committing the offence to arrest him without warrant. 545. IT is lawful for any person who finds another person by night committing any indictable offence to arrest him without warrant. 546. IT is lawful for any person to arrest without warrant any other person whom he believes, on reasonable grounds, to have committed an offence and to be escaping from, and to be freshly pursued by some person whom, on reasonable grounds, he believes to have authority to arrest him for that offence. 547. IT is lawful for any person to whom another offers to sell, pawn, or deliver, any property, and who believes, on reasonable grounds, that the property has been acquired by means of an offence with respect to which it is provided that a person found committing Criminal Code. committing it may be arrested without warrant, to arrest that other person without warrant. 548. IT is the duty of a person who has arrested another Duty of persons upon a charge of an offence to take him forthwith before a justice arresting. to be dealt with according to law. CHAPTER LX.-JURISDICTION: PRELIMINARY PROCEEDINGS: BAIL. 549. THE jurisdiction of Courts of justice with respect to Jurisdiction. the trial of offenders is set forth in the laws relating to the constitution and jurisdiction of those Courts respectively. 550. THE practice and procedure relating to the examination Preliminary proand committal for trial of persons charged with indictable offences ceedings on charges are set forth in the laws relating to justices of the peace, their offences. powers and authorities. of indictable 551. IF any person charged before a justice with an indictable Defendant admitoffence, on being asked whether he wishes to say anything in answer ting guilt before justices may be to the charge, says that he is guilty of the charge, and such person committed for is not convicted summarily under the provisions of this Code, the sentence. justice is required to further say to him the words following or words to the like effect: Do you wish the witnesses again to appear and give evidence against you at the Court to which you will be committed? If you do not, you will now be committed for sentence instead of being committed for trial, and you will not afterwards be able to deny your guilt. And if the defendant then says that he does not wish the witnesses to again appear to give evidence against him, his statement must be taken down in writing and read to him, and must be signed by the justice, and by the person charged if he so desires, and must be kept with the depositions of the witnesses, and transmitted with them to the proper office in accordance with the practice relating to the committal for trial of persons charged with indictable offences. In any such case the justice, instead of committing the defendant for trial, is required to order him to be committed for sentence before some Court of competent jurisdiction, and in the meantime, by his warrant to commit the person charged to gaol to be there safely kept until the sittings of that Court, and until he is delivered by due course of law. 552. THE Supreme Court or a Judge thereof may admit to Bail. bail any person who has been committed for trial, or is in custody, upon a charge of an indictable offence, whether bail has been refused or not, or may reduce the bail of any such person to whom bail has been granted. 553 Criminal Code. 553. THE procedure upon the prosecution of offenders in order to their summary conviction, and for enforcing summary convictions and orders made by justices upon such prosecutions, is set forth in the laws relating to justices of the peace, their powers and authorities. A prosecution for a simple offence, or for an indictable offence, in order to the summary conviction of the offender must, unless otherwise expressly provided, be begun within six months after the offence is committed. 554. (1.) A PERSON charged with committing an offence may be tried in any jurisdiction within which any act or omission or event which is an element of the offence takes place. (2.) A person charged with stealing any property may also be tried in any jurisdiction within which he has the stolen property in his possession. (3.) A person charged with stealing anything while employed in the Public Service may also be tried in any jurisdiction within which he is arrested or is in custody. (4.) A person charged with an offence which involves the receiving of any property by him may also be tried in any jurisdiction within which he has the property in his possession. (5.) A person charged with forging anything, or with uttering any false document or writing or anything counterfeit, may also be tried in any jurisdiction within which he is arrested or is in custody. (6.) A person who is charged with counselling or procuring the commission of an offence, or with becoming an accessory after the fact to an offence, may also be tried in any jurisdiction within which the principal offender might be tried. (7.) A person who is charged with an offence committed out of Western Australia, and who may lawfully be tried in Western Australia, may be tried in any jurisdiction within which he is arrested or is in custody. 555. IF, on the trial of a person charged with any offence before any Court, it appears that he is not properly triable before that Court under any of the provisions of the last preceding section, he is not by reason thereof entitled to be acquitted, but the Court may, at the request of the accused person, discharge the jury from giving a verdict, and direct that he be tried before some proper Court, and may remand him for trial accordingly. If he does not make such request, the trial is to proceed, and the verdict and judgment have the same effect in all respects as if the Court had originally had jurisdiction to try the accused person. This Criminal Code. This section does not affect the right of an accused person to plead to the jurisdiction of a Court. Change of place of 556. WHEN a person has been committed for trial for an indictable offence at a Court held at any place, whether he has been trial. admitted to bail or not, the Supreme Court or a Judge thereof may, on the application of the Crown or, upon good cause shown, of the accused person, order that the trial shall be held at some other place, either before the same Court or before some other Court of competent jurisdiction, at a time to be named in the order. When an indictment has been presented against any person in the Supreme Court or a Circuit Court or a Court of Quarter Sessions, the Court may, on the application of the Crown or, upon good cause shown, of the accused person, order that the trial shall be held at some place other than that named in the margin of the indictment and at a time to be named in the order. When an order is made under the provisions of this section, the consequences are the same in all respects, and with regard to all persons as if the accused person had been committed for trial at the place named in the order and at the sittings named therein; and, if he has been admitted to bail, the recognisances of bail are to be deemed to be enlarged to that time and place accordingly. The recognisances of any persons who are bound to attend as witnesses are in like manner to be deemed to be enlarged to the same time and place. Notice of such time and place must be given to the persons bound by the recognisances, otherwise their recognisances cannot be forfeited. CHAPTER LXI.--INDICTMENTS. Nature of 557. WHEN a person charged with an indictable offence has been committed for trial, and it is intended to put him on his trial indictments. for the offence, the charge is to be reduced to writing in a document which is called an indictment. The indictment is to be signed and presented to the Court by the Attorney General or some other person appointed in that behalf by the Governor. tions. 558. THE Attorney General may present an indictment in any Court of criminal jurisdiction against any person for any in- Ex officio informadictable offence, whether the accused person has been committed for trial or not. An officer appointed by the Governor to present indictments in any Court of criminal jurisdiction may present an indictment in that Court against any person for any indictable offence within Arrest of person charged in ex officio information. Nolle prosequi. Form of indictment. General rules applicable to indictments. Criminal Code. within the jurisdiction of the Court, whether the accused person has been committed for trial or not. 559. WHEN an indictment has been presented against a person who is not in custody, and has not been committed for trial or held to bail to attend to be tried upon the charge set forth in the indictment, a Judge or the Chairman of the Court in which the indictment is presented may issue a warrant under his hand to arrest the accused person and bring him before a justice of the peace; and the justice before whom he is brought may commit him to prison until he can be tried on the indictment or may, in a proper case, admit him to bail with sufficient sureties to attend to be tried on the indictment. 560. THE Attorney General may inform any Court, by writing under his hand, that the Crown will not further proceed upon any indictment then pending in the Court. An officer appointed by the Governor to present indictments in any Court of criminal jurisdiction may inform that Court, by writing under his hand, that the Crown will not further proceed upon any indictment then pending in that Court. When such information is given to the Court the accused person is to be discharged from any further proceedings upon that indictment. 561. AN indictment is to be intituled with the name of the Court in which it is presented, and must, subject to the provisions hereinafter contained, set forth the offence with which the accused person is charged in such a manner and with such particulars as to the alleged time and place of committing the offence, and as to the person, if any, alleged to be aggrieved, and as to the property, if any, in question, as may be necessary to inform the accused person of the nature of the charge. If any circumstance of aggravation is intended to be relied upon, it must be charged in the indictment. It is sufficient to describe an offence in the words of this Code or of the Statute defining it. The place of trial is to be named in the margin of the indictment. 562. THE following rules are applicable to all indictments- (2.) |
