Sect. 10. was directed to acquit the child of a felonious possession (R. v. Booker, 2 Cox C. C. 272). In a case decided in 1629, an infant between eight and nine years of age was convicted of burning two barns in Windsor, and it appearing that he had malice, revenge, craft and cunning, he was executed (R. v. Dean, 1 Hale, 25). And see R. v. York, Foster, 70; and R. v. Vamplen, 3 F. & F. 520 cases of murder by infants under ten and thirteen respectively. See cases collected in 1 Russ. on Crimes. And as to the liability of an infant for misdemeanor, see 4 Black. Com. 25. A child may, instead of being sent to an industrial school, be committed to the care of a relation or person named by the court, as provided in s. 9 of the Prevention of Cruelty to Children Act, 1904 (4 Edw. 7, c. 15). When a child is duly before a court of summary jurisdiction on a charge of larceny which is dismissed, the court may, without any fresh summons or proceedings, make an order under s. 14 of the Industrial Schools Act, 1866 (29 & 30 Vict. c. 118), sending him to an industrial school (R. v. Jennings and Another; Ex parte Symons, [1896] 1 Q. B. 64; 60 J. P. 199; 73 L. T. 412; 18 Cox C. C. 205; 12 T. L. R. 37; 65 L. J. M. C. 26; S. C., R. v. Devonshire JJ., 59 J. P. 756). Reformatory School.-A 66 child," as defined by this Act, cannot be sent to a reformatory school unless it is proved that he has been previously convicted of an offence punishable with penal servitude or imprisonment. See the Reformatory Schools Act, 1893 (56 & 57 Vict. c. 48, s. 1), post, p. 137; also s. 11, post, and notes to that section. There is no appeal against a conviction under this section. See s. 19, post, and definition of "past Act" and "future Act" in s. 49, post, and note to s. 12, post. For forms of commitment, etc., to reformatories and industrial schools, see the S. J. Rules (September), 1903, post. Treatment of Children before the Court.-The Home Secretary, by circular letter of August 22nd, 1905, called attention to the desirability of protecting children from contact with criminal adults and of keeping the cases in which children were concerned as distinct as possible from the other business of the court, and enclosed for the consideration of courts of summary jurisdiction regulations on the subject issued to the metropolitan police courts. 11. Summary trial of young persons.] (1) Where a young person is charged before a court of summary jurisdiction with any indictable offence other than homicide [see 62 & 63 Vict. c. 22], the court, if they think it expedient so to do, having regard to the character and antecedents of the person charged, the nature of the offence, and all the circumstances of the case, and if the young person charged with the offence, when informed by the court of his right to be tried by a jury, consents to be dealt with summarily, may deal summarily Sect. 11. with the offence, and in their discretion adjudge such person, if found guilty of the offence, either to pay a fine not exceeding ten pounds, or to be imprisoned, with or without hard labour, for any term not exceeding three months; and if the young person is a male, and, in the opinion of the court, under the age of fourteen years, the court, if they think it expedient so to do, may, either in substitution for or in addition to any other punishment under this Act, adjudge such young person to be, as soon as practicable, privately whipped with not more than twelve strokes of a birch rod by a constable, in the presence of an inspector or other officer of police of higher rank than a constable, and also in the presence, if he desires to be present, of the parent or guardian of such young person. (2) For the purpose of a proceeding under this section, the court, at any time during the hearing of the case at which they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the young person charged, and then address a question to him to the following effect: "Do you desire to be tried by a jury, or do you consent to the case being dealt with summarily?" with the statement, if the court think such statement desirable for the information of the young person to whom the question is addressed, of the meaning of the case being dealt with summarily, and of the assizes or sessions (as the case may be) at which he will be tried if tried by a jury. (3) This section shall not prejudice the right of a court of summary jurisdiction to send a young person to a reformatory or an industrial school. For procedure, see ss. 27 and 28, post, and s. 49, post, for definition of "young person." As to the liability of a parent or guardian in case of an offence committed by a young person, see s. 2 of the Youthful Offenders Act, 1901 (1 Edw. 7, c. 20), and as to remand, s. 4 of that Act, in the Appendix, post. If any fine is imposed under this section it will be recoverable under the provisions of 11 & 12 Vict. c. 43, ss. 19, 22, ante, pp. 97, 102, and s. 5 of S. J. Act, 1879, ante, p. 125. Hard labour cannot be awarded for non-payment. Reformatory Schools. By the 56 & 57 Vict. c. 48, s. 1 (The Reformatory Schools Act, 1893), where a youthful offender, who, Sect. 11. in the opinion of the court before whom he is charged, is less than sixteen years of age, is convicted, whether on indictment or by a court of summary jurisdiction, of an offence punishable with penal servitude or imprisonment, and either-(a) appears to the court to be not less than twelve years of age; or (b) is proved to have been previously convicted of an offence punishable with penal servitude or imprisonment, the court may, in addition to or in lieu of sentencing him according to law to any punishment, order that he be sent to a certified reformatory school, and be there detained for a period of not less than three and not more than five years, so, however, that the period is such as will in the opinion of the court expire at or before the time at which the offender will attain the age of nineteen years. Provided that where the offender is ordered to be sent to a certified reformatory school he shall not in addition be sentenced to penal servitude or imprisonment (62 & 63 Vict. c. 12). Section 2. Without prejudice to any other powers of the court, the court may direct that the offender be taken to a prison, or to any other place, not being a prison, which the court thinks fit, and the occupier of which is willing to receive him, and be detained therein for any time not exceeding seven days, or in case of necessity for a period not exceeding fourteen days, or until an order is sooner made for his discharge, or for his being sent to a reformatory school or otherwise dealt with under this or any other Act; and the person to whom the order is addressed is hereby empowered and required to detain him accordingly, and if the offender escapes he may be apprehended without warrant and brought back to the place of detention. The following extracts from a letter of the Home Secretary, dated August 14th, 1899, may be here referred to : "The Secretary of State desires to take this opportunity of removing a misapprehension which appears to exist respecting the effect of the provision in the Reformatory Schools Amendment Act, 1899, that where an offender is ordered to be sent to a reformatory school he shall not in addition be sentenced to penal servitude or imprisonment. This provision in no way affects the second section of the Reformatory Schools Act, 1893, by which the court may direct that the offender be taken to a prison, or other fit place, until an order is made for his discharge or for his being sent to a school. If no other place is available, the court may as heretofore, send the offender to a prison for a short time until a fit school is found to which he can be committed; but in many cases the justices are doubtless in touch with one or more reformatories, and can readily ascertain if the offender can be received, without sending him to prison in order that enquiries may be made." 29 & 30 Vict. c. 118.—Industrial Schools.—Any child (not previously convicted of felony) is liable to be sent to an industrial school who, being apparently under the age of twelve, is charged before justices of the peace with having committed an offence punishable by imprisonment, or some less punishment; or who, being apparently under the age of fourteen, is brought before them as being found begging or receiving alms, or being in any street or public place for such purpose; or as being found wandering without any home or settled place of abode, or proper guardianship, or visible means of subsistence; or as found destitute, either being an orphan or having a surviving parent who is undergoing penal servitude or imprisonment, or found frequenting the company of reputed thieves; that is lodging, living, or residing with common or reputed prostitutes, or in a house frequented by prostitutes for the purpose of prostitution, or that frequents the company of prostitutes; or whose parent or guardian represents that he is unable to control such child, and that he desires him to be sent to such a school. A child circumstanced as in any of the above cases may, if the justices think it expedient, be sent for such period as may seem necessary for his education and training to any industrial school, the managers of which are willing to receive him; but not so as to extend the period of detention beyond the time when the child shall attain the age of sixteen ; beyond which age he cannot be detained, except with his own consent in writing. Under the Prevention of Cruelty to Children Act, 1904 (4 Edw. 7, c. 15, s. 9), a child under the age of sixteen may, in lieu of being sent to an industrial school, be committed to the care of a relation or person named by the court. When a "young person" is duly before a court of summary jurisdiction on a charge of larceny which is dismissed, the court may, without a fresh summons or proceedings, make an order under s. 14 of the Industrial Schools Act, 1866 (29 & 30 Vict. c. 118), sending him to an industrial school (Reg. v. Jennings and Another, Ex parte Symons, 12 T. L. R. 37; 65 L. J. M. C. 26). S. C., Reg. v. Devonshire JJ., 59 J. P. 756. If the house in which the child is found is one frequented by prostitutes, the magistrate is bound to make the order for removal to an industrial school, even though the child may be living with its mother, who is not a prostitute; and the consent of the mother to such removal is not necessary (Hiscocks v. Jermonson, 10 Q. B. D. 360; 47 J. P. 183; 52 L. J. M. C. 42; 48 L. T. 225; 31 W. R. 656). Elementary Education Act.-It has further been now provided by the Elementary Education Act, 1876 (39 & 40 Vict. c. 79), that there may also be sent to an industrial school any child whose parent has disobeyed an "attendance order" made by a court of summary jurisdiction. See s. 12 of that Act. Post Office. Any offence punishable on indictment under the Post Office (Protection) Act, 1884 (47 & 48 Vict. c. 76), whether it is or not punishable on summary conviction, shall be deemed to be an indictable offence under the post office laws within the meaning of the first schedule to the S. J. Act, 1879 (47 & 48 Vict. c. 76, s. 12 (4)); this section will therefore apply to such offences. By the Infant Felons Act, 1840 (3 & 4 Vict. c. 90), if an infant under the age of twenty-one shall be convicted of felony, any person willing to take charge of such infant may apply to the Sect. 11. NOTE. Sect. 11. NOTE. Court of Chancery to have the care and custody of the child assigned to him, and if the court think that such a course will be for the benefit of the infant, an order in accordance with the application may be made, and such order will be binding on the father and every natural guardian of the infant. The order will not, however, be allowed to interfere with the execution of the sentence. The court hearing cases under this section must be a petty sessional court. See s. 20 (1) and (8), post, and the form of conviction (Consolidated Forms, 1886, post) must bear the signatures and seals of two justices. The S. J. Act, 1884, post, repeals certain obsolete punishments by whipping. There is no appeal against a conviction under this section. See note. to ss. 12 and 19, post. By 4 Edw. 7, c. 15, s. 15 (1) (The Prevention of Cruelty to Children Act, 1904), a child whose evidence is received as therein mentioned, and who wilfully gives false evidence, shall be liable to be indicted and tried for such offence, and on conviction thereof may be adjudged such punishment as is provided for by this section. See Forms [15 and 21] of Consolidated Forms, 1886, post, and for Reformatories and Industrial Schools, the S. J. Rules (September), 1903, post, and Forms therewith, post. 12. Summary trial of adult.] Where a person who is an adult is charged before a court of summary jurisdiction with an indictable offence specified in the second column of the first schedule to this Act, the court, if they think it expedient so to do, having regard to the character and antecedents of the persons charged, the nature of the offence, and all the circumstances of the case, and if the person charged with the offence, when informed by the court of his right to be tried by a jury, consents to be dealt with summarily, may deal summarily with the offence, and adjudge such person, if found guilty of the offence, to be imprisoned, with or without hard labour, for any term not exceeding three months, or to pay a fine not exceeding twenty pounds. For the purpose of a proceeding under this section, the court, at any time during the hearing of the case at which they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect: "Do you desire to be tried by a jury, or do you consent to the case being dealt with summarily?" with a state |