same. cerning the death. On this a person may be prosecuted for murder or manslaughter without the intervention of a grand jury, for the finding of the coroner's jury is itself equivalent to the finding of a grand jury. The defendant is arraigned on the inquisition as on an indictment; and the subsequent proceedings are the The practice is, when a prisoner stands charged on a coroner's inquisition with murder or manslaughter, to take him before the magistrate and to prefer also an indictment against him. Of course he is tried both on the inquisition and the indictment at the same time. Thus, the sum of the whole matter is that the finding of the coroner's jury and the inquisition are practically disregarded and useless as far as criminal proceedings are concerned. before the coroner. The proceedings are shortly the following:-On re- Proceedings ceiving due notice of the sudden or violent death, the coroner issues his precept to the officers of the place where the body lies dead, requiring them to summon a jury (which must consist of twelve at least), and names the time and place of inquiry. At the court the jury are sworn, and then view the body. The witnesses are examined on oath, and their evidence is put into writing by the coroner. He has authority to bind by recognizance all material witnesses to appear at the assizes to prosecute and give evidence; and he must certify and subscribe the evidence and all such recognizances and the inquisition before him taken, and deliver the same to the proper officer of the court in which the trial is to be, before or at the opening of the court (c). tion. The inquisition consists of three parts; the caption The inquisior incipitur, the verdict of the jury, and the attestation (d). The rules as to certainty, description, &c., (c) 7 Geo. 4, c. 64, 8. 4. Committal for trial by coroner. Proceedings rarely other indictment. which prevail in the case of an indictment, apply also to an inquisition. When the jury have returned a verdict of murder or manslaughter against a person, the coroner must commit him for trial, if present. If not in custody, the coroner may issue a warrant for his apprehension, and order him to be brought before himself or some magistrate of the jurisdiction (e). From the foregoing inquiry we find that, apart from wise than by proceedings by way of summary conviction, practically the only modes of criminal procedure are by way of indictment or information. Of these the former is much the more common; and, unless anything be stated to the contrary, it will be this mode that will be kept in view in the succeeding pages (f). Director of Public Prosecutions. We have already seen (g) that a private individual is not obliged to set the law in motion for the prosecution of a criminal. But when he has given information or made complaint before a justice of the peace, on which the party charged with an indictable offence has been apprehended, he is then obliged to give evidence before such justice; and if the accused is committed for trial he may be, and usually is, bound over by recognizance to prosecute and give evidence (h). In order, however, to provide more effectually for the prosecution of offences, an Act has recently been passed to provide for the appointment of a Director of Public Prosecutions with a staff of assistants (¿). The duty of the Director of Public Prosecutions is (e) As to bail by coroners, v. p. 333. (f) The old mode of trial by appeal, involving a trial by battle, abolished after Thornton's Case (1 B. & Ald. 405), by 59 Geo. 3, c. 46, may just be mentioned. (g) Ante, p. 98. (h) 11 & 12 Vict. c. 42, ss. 16, 20. (i) 42 & 43 Vict. c. 22. set forth to be-to institute, undertake, or carry on under the superintendence of the Attorney-General criminal proceedings (whether in the Court for Crown Cases Reserved, before sessions of oyer and terminer or of the peace, before magistrates or otherwise), and to give such advice and assistance to chief officers of police, clerks to justices, and other persons, whether officers or not, concerned in any criminal proceeding, respecting the conduct of that proceeding, as may be for the time being prescribed under the Act, or may be directed in a special case by the Attorney-General (j). The regulations (which are to be made from time to time by the Attorney-General, and after being laid before Parliament to be approved by the Lord Chancellor and a secretary of state) (k) are to provide for the Director of Public Prosecutions taking action in cases which appear to be of importance or difficulty, or in which special circumstances, or the refusal or failure of a person to proceed with a prosecution, appear to render the action of such Director necessary to secure the due prosecution of an offender (1). The Act also provides for the transmission to the Director of Public Prosecutions of all recognizances, inquisitions, depositions, &c., whenever he undertakes any criminal proceeding, or when a prosecution which has been instituted is not proceeded with within a reasonable time (m). When a criminal proceeding is undertaken by the Director of Public Prosecutions, it is not necessary for any person to be bound over to prosecute, and any person who has been bound over is released from his obligation (n). (j) 42 & 43 Vict. c. 22, s. 2. (k) Ibid. s. 8. (4) Ibid. s. 2. county, &c., in which the crime was committed. CHAPTER VI. PLACE OF TRIAL. Place of trial WE have already intimated (0) that the venue in the usually the indictment, or place from which the grand jury who have found the bill have come, is also, in regular course, the place where the trial is had. It is now necessary to ascertain what that place is. The general common law rule is, that the venue should be the jurisdiction within which the offence is committed; whether such jurisdiction be a county, a division of a county, a district including more than a county, as in the case of the Central Criminal Court, or a borough. To the general rule many exceptions have been made by statute; and these we now proceed to enumerate and classify: Exceptions. In any county. In county of crime, or where defen dant is apprehended or in custody. i. The venue may be laid in any county (p) for the following offences: Extortion (9). Resisting or assaulting officers of the excise r). Offences against the revenue of the customs (s). Endeavouring to seduce soldiers or sailors from their duty, or inciting them to mutiny (†). ii. The venue may be laid in the county where the (o) v. p. 337. (p) By "county" in this chapter must be understood county, division of county, district, or borough, as the case may be. (q) v. 31 Eliz. c. 5, s. 4. (r) 7 & 8 Geo. 4, c. 53, 8. 43. (8) 16 & 17 Vict. c. 107, s. 304. (t) 37 Geo. 3, c. 70, s. 2; 57 Geo. 3, c. 7. offence was committed, or where the offender is apprehended, or is in custody: Forgery, or uttering forged notes (u). Bigamy (the second marriage being the offence) (v). Larceny or embezzlement by persons in the public service, or the police (w). Offences relating to the Post Office: (if committed upon a mail, or person conveying letters, or in respect of a post-letter, chattel, money, &c., sent by post, the venue may be either as above, or any county through any part of which the mail, person, letter, chattel, &c., has passed in due course of conveyance by post) (x). iii. Either where the offence was committed, or any adjoining county: Plundering a wrecked ship (y). in Where the offence was committed within the county of a city or town corporate (except London, Westminster, or Southwark), e.g., Berwick, Newcastle, Bristol, Chester, Exeter, and Hull, it may be tried in the next adjoining county (z). Where a felony or misdemeanor is committed on the boundary of two or more counties, or within five hundred yards of the boundary, or is begun in one county and completed in another, the venue may be laid in either county (a). (u) 24 & 25 Vict. c. 98, s. 41. (v) Ibid. c. 100, s. 57. (w) Ibid. c. 96, s. 70. (x) 7 Wm. 4 & 1 Vict. c. 36, s. 37. (y) 24 & 25 Vict. c. 96, s. 64. (z) 38 Geo. 3, c. 52; 51 Geo. 3, c. 100; 14 & 15 Vict. c. 55, ss. 19, 21, 23, 24; c. 100, s. 23. (a) 7 Geo. 4, c. 64, s. 12. In county of crime or adjoining county. Ꮓ |