University

courts.

High Steward's court.

as we shall see in a subsequent chapter, the finding of the coroner's jury is practically unimportant (z).

There have been certain criminal courts of a private or special jurisdiction, which are restricted both in respect of the place and of the cause. One example alone of this class remains, and it is not of any great importance (a).

UNIVERSITY COURTS IN OXFORD AND CAMBRIDGE.

Both universities enjoy a certain exemption from the ordinary criminal tribunals; but at Cambridge the privilege cannot be claimed if any person not a member of the university is a party (b). In order to take advantage of this immunity, the proper course is, after the indictment has been found by the grand jury at the assizes or elsewhere against a scholar or other privileged person, for the Vice-Chancellor to claim the cognizance of the matter, and then it will be sent to one of the following courts:

High Steward's Court.-It has jurisdiction over cases of treason, felony, or mayhem committed by a privileged person. The process at Oxford is as follows: A special commission is issued to the High Steward and others to try the particular case. The High Steward issues one precept to the sheriff of the county, who returns a panel of eighteen freeholders, and another to the university bedels, who return a panel of eighteen matriculated laymen. The indictment is then tried in the Oxford Guildhall by a jury de medietate, half of freeholders and half of such matri

(z) v. p. 349.

(a) The Court of the Lord Steward, Treasurer, or Comptroller of the King's Household, to inquire if any one in the household imagined, &c., the death or destruction of the king, his privy councillors, or certain other officers; and the court of the Lord Steward of the King's Household, to inquire of murders and other crimes whereby blood has been shed in the king's palaces or abodes, are both obsolete.

(b) 19 & 20 Vict. c. 17, s. 18.

culated laymen.

If the accused is found guilty of a

capital offence, the sheriff must execute the university process, to which he is bound by an oath (c).

Vice-Chancellor's Court.-This court has authority to Vice-Chantry all misdemeanors committed by privileged members cellor's court. of the university. The judge is the Vice-Chancellor.

This exceptional jurisdiction is rarely, if ever, exercised, the Vice-Chancellor's court meeting for other purposes. Formerly, however, on several occasions cases of murder and other crimes were tried in the High Steward's court.

Petty sessions and summary proceedings before single magistrates will be noticed hereafter (d).

SKETCH OF A CRIMINAL TRIAL.

We propose now to discuss in their proper order the various steps taken to secure the punishment of a criminal who is guilty of a felony or misdemeanor, in other words, to examine the proceedings in any ordinary criminal case (e). But before doing this, it will be

(c) 4 Bl. 277.

(d) v. p. 478. We may mention two courts which, as far as criminal matters are concerned, have totally fallen into desuetude-the Sheriff's Tourn and the Court Leet, or View of Frank Pledge. They had the same jurisdiction, namely, the trial of trivial misdemeanors; that of the former extending to the whole county, that of the latter to a particular hundred, lordship, or manor. Another court may be said to be virtually superseded-the Court of the Clerk of the Market. Its chief business was to test the weights and measures, and to punish by fine if they were not according to the standard. Now an inspector of weights and measures, or a magistrate, may enter any place where goods are exposed for sale, and if the weights and measures are found incorrect, may seize and forfeit them; and the party in whose possession they are found, or who obstructs the examination, is fined a sum not exceeding £5. 41 & 42 Vict. ss. 25, 48.

(e) That is, a case which is not dealt with summarily before the magistrates, or specially before some exceptional tribunal, as the House of Lords.

Outline of proceedings in a criminal

case.

well to sketch a rough outline or map of the whole ground to be traversed before the offender suffers his punishment.

The first thing to be done is to lay hold of the prisoner, or to arrest him. When he is arrested and brought before the magistrates, if they think the case ought to be sent on to trial, he is committed for trial; the magistrates either at once committing him to prison to await the trial, or allowing him to remain at large on his finding sufficient bail to ensure his appearance when he is wanted. What particular mode of prosecution is to be adopted must be considered, as there are several ways of formal accusation. In most cases the prisoner will now be forthcoming to take his trial; but either on account of his having avoided the warrant of arrest, or because he has been admitted to bail and does not surrender, process must issue to bring him into court. For some good reason it may be desirable to remove the trial to the supreme criminal court by a writ of certiorari. The day of trial having arrived, the prisoner is arraigned, or called to the bar of the court to answer the charge against him. If he does not confess, or stand mute, he will then shew in what way he proposes to meet the charge, whether by demurring to the sufficiency in point of law of the charge; or by pleading some particular obstacle to his being convicted; or, generally, that he is not guilty. Issue is then joined, and the trial of the question in point takes place. The prisoner is said to be convicted on the jury finding a verdict of guilty; and judgment, and the other consequence of this conviction, follow. The effects of this judgment will, however, be avoided by its being reversed, or by the prisoner being reprieved or pardoned. Lastly, if the prisoner has been convicted of a capital crime, he must suffer execution.

CHAPTER III.

ARREST.

The apprehending or restraining of a man's person, in Arrest. definiorder to insure his being forthcoming to answer an tion of. alleged or suspected crime (f). Any person is liable to an arrest on a criminal charge, provided he is charged with such a crime as will at least justify holding him. to bail when taken.

we shall have to Where the arrest is

distinguish three cases.

(a) by an officer; (b) by a private person;

(c) by hue and cry.

A. A warrant is a precept under hand and seal to Warrant. some officer to arrest an offender, that he may be dealt with according to due course of law.

granted.

A warrant may, under certain circumstances, be By whom granted by the Speaker of the House of Lords or House of Commons; or by the Privy Council; or by one of the secretaries of state. A judge of the Queen's Bench Division may issue a warrant to bring before him for examination any person charged with felony. He may also issue his warrant for apprehending and holding to bail any person, upon affidavit or certificate of the fact

(f) It is almost unnecessary to remind the reader that a person may under certain circumstances be arrested in a civil proceeding, and not only for a crime.

Warrants usually granted

that an indictment has been found, or information filed in that court against any such person for a misdemeanor (g). Courts of oyer and terminer (i.e., in general the assizes and Central Criminal Court) and the justices at sessions may also issue warrants against those against whom indictments for felony or misdemeanor have been found within their jurisdiction.

The above cases are of an exceptional character. by magistrates Warrants are ordinarily issued by justices of the peace, out of sessions. not sitting in sessions. The law on this subject was consolidated by 11 & 12 Vict. c. 42 (h).

When a

warrant will be issued.

In what cases may it be issued.—When a charge or complaint has been made before one or more justices that a person has committed or is suspected to have committed any treason, felony, or indictable misdemeanor, or other indictable offence, within his or their jurisdiction; or that, having committed it elsewhere (even within the Admiralty jurisdiction or on land beyond the seas (i) ), he resides within his or their jurisdiction; then, if the accused is not in custody, two courses are open to the justice; (a) to issue a warrant to apprehend and bring the accused specially before himself, or generally, before other justices of the jurisdiction; or (b) to issue, in the first place, a summons directed to the accused, requiring him to appear before himself, or other justices of the jurisdiction; and then, only if the summons is disobeyed by non-appearance, to issue a warrant (j).

A justice will also issue a warrant to apprehend a person against whom an indictment has been found, on the production to him of the certificate of the clerk of

(g) 48 Geo. 3, c. 58, s. 1.

(h) This statute does not affect the Metropolitan Police, or the London Police Acts.