I. poor of Whereas the guardians of the Union [or of the parish of wherein relief is administered by a board of guardians] [or the board of management of the district pauper school] have represented to the court that A. B., a child apparently under the age of 14 years (having been born, so far as has been ascertained, on the day of 18 ), maintained in the workhouse [or pauper school] of the said union [or said parish] [or in the said district pauper school], is refractory [or is the child of parents, one of whom has been convicted of a crime or offence punishable with penal servitude or imprisonment], and that it is desirable that the said child should be sent to a certified industrial school. K. Whereas an attendance order under the 11th section of the Elementary Education Act, 1876, was made against the child A. B., of (born, so far as has been ascertained, on the day of 18 ), and who is under the said Act prohibited from being taken into full-time employment, on the ground that his parent habitually and without reasonable excuse neglected to provide efficient elementary instruction for him, and the said attendance order has not been complied with, without any reasonable excuse within the meaning of the said Act, and whereas [the parent has satisfied the court that he has used all reasonable efforts to enforce compliance with the said order] [or the said non-compliance was not the first non-compliance with the said order]. L. day of Whereas an attendance order under the 11th section of the Elementary Education Act, 1876, was made against the child A. B., of (born, so far as has been ascertained, on the 18 ), on the ground that he was found habitually wandering [or not under proper control] [or in the company of rogues, vagabonds, or disorderly persons] [or reputed criminals], and the said attendance order has not been complied with, without any reasonable excuse within the meaning of the said Act, and whereas [the parent has satisfied the court that he has used all reasonable efforts to enforce compliance with the said order] [or whereas the said non-compliance was not the first non-compliance with the said order]. M. Whereas an order of detention in a day industrial school under section 12 [or 14] of the Order in Council of 20th March, 1877, was made against A. B., a child apparently under the age of 14, having been born, so far as has been ascertained, on the on day of 18 on the ground that (here state the ground on which the former order was made, following the terms of recital A, D, G, H, K, or L, as the case may require), and whereas the said A. B. wilfully neglects to attend the said day industrial school [or wilfully neglects or wilfully refuses to conform to the rules of the said day industrial school]. Sched. THE SUMMARY JURISDICTION (ALIENS) RULES, 1906. DATED JANUARY 3RD, 1906. 1. Proceedings to expel pauper, etc. aliens.] Proceedings under section 3 (1) (b) of the Aliens Act, 1905 (relating to the expulsion of pauper aliens and aliens convicted abroad of extradition crimes), shall be commenced by complaint, and the provisions of the Summary Jurisdiction Acts with reference to proceedings on complaint shall, in so far as applicable, apply accordingly. 2. Forms.] The forms in the Schedule hereto, or forms to the like effect, may be used with such variations as circumstances may require for the purposes of the Aliens Act, 1905. 3. Short title.] These Rules may be cited as the Summary Jurisdiction (Aliens) Rules, 1906. Dated the 3rd day of January, 1906. SCHEDULE. REID, C. The complaint of C. D., who states that A. B., an alien, who last entered the United Kingdom within twelve months before these proceedings were taken either has within three months from the present date been in receipt of such parochial relief as disqualifies a person for the parlia mentary franchise [or been found wandering about without ostensible means of subsistence] [or been living under insanitary conditions due to overcrowding] or has entered the United Kingdom after the lith day of August, 1905, and has been sentenced in a foreign country with which there is an extradition treaty for a crime not being an offence of a political character which is as respects that country an extradition crime within the meaning of the Extradition Act, 1870, viz.. Taken before me, Justice of the Peace for the [county] aforesaid. I(L.S.) I [or we] hereby certify that A.B., to whom the particulars shown in the annexed Schedule relate, having been found by the court to be an alien, was this day convicted of the offence shown in the said Schedule, being an offence within the meaning of section 3 (1) (a) of the Aliens Act, 1905; [and was committed to one of his Majesty's prisons, to be kept there for the space of ]. And that the court recommend that an Expulsion Order should be made in the case of the said A. B., in addition to the said sentence [or in lien of sentence]. day of Petty sessional division of Before the court of summary jurisdiction sitting at The ]. C. D. having made a complaint that A. B., an alien, to whom the particulars shown in the Schedule hereto relate, last entered the United Kingdom within twelve months before the proceedings were taken, and either that he has within three months from the time at which proceedings were commenced been in receipt of such parochial relief as disqualifies a person for the parliamentary franchise [or been found wandering without ostensible means of subsistence] [or been living under insanitary conditions due to overcrowding] or that he has entered the United Kingdom after the 11th day of August, 1905, and has been sentenced in a foreign country with which there is an extradition treaty for a crime not being an offence of a political character which is as respects that country an extradition crime within the meaning of the Extradition Act, 1870, viz., On hearing the said complaint I [or We] being satisfied that the said A. B. is an alien, hereby certify that the said A. B. last entered the United Kingdom within twelve months before these proceedings were Sched. Sched. taken, and that he [here insert the cause of the complaint of which the court was satisfied]. Justice of the Peace for the (L.S.) (L.S.) DIRECTIONS DATED DECEMBER 4TH, 1905, OF THE In pursuance of the provisions of section 7 (3) of the Aliens Act, 1905, I hereby direct, with regard to the custody of an alien in respect of whom a certificate has been given by a court with a view to his expulsion from the United Kingdom, that : 1. (1) Where a court gives a certificate with a view to the expulsion of an alien, either under section 3 (1) (b) of the Aliens Act, 1905, or under section 3 (1) (a) thereof, without imposing a sentence of imprisonment, the alien shall, unless the court otherwise directs and admits him to bail, stand committed to the prison to which the court ordinarily commits prisoners until the orders of the Secretary of State with respect to his expulsion are received. (2) Where a court gives a certificate under section 3 (1) (a) and imposes a term of imprisonment not exceeding one month, the alien shall, if the Secretary of State has not sooner decided upon his case, be detained in prison until the orders of the Secretary of State with respect to his expulsion have been received. 2. In any such case as aforesaid, a copy of the certificate, signed by the clerk or other proper officer of the court giving the certificate, shall be sufficient authority to the police to take the alien into custody and convey him to prison, and to the governor of the prison to receive and detain him until the orders of the Secretary of State with respect to his expulsion are received. 3. Where any such certificate is given by a court, the certificate shall be forwarded forthwith to the Secretary of State, and a copy of the certificate, signed by the clerk or other proper officer of the court, shall be given to Whitehall, 4th December, 1905. A. AKERS-DOUGLAS, With reference to direction 1 (1), the Home Secretary, in reply to a letter from the Mansion House Justice Room, said that "an alien, dealt with under the Aliens Act, 1905, but not sentenced to imprisonment, should be sent to the prison to which prisoners on remand, or awaiting trial, are ordinarily sent by the court." In a circular letter from the Prison Commission, Home Office, dated December 28th, 1905, it is stated: "The governor of a prison will accept the copy of certificate above referred to in the case of an alien dealt with under section 3 of the Act, who is either not sentenced to imprisonment, or whose sentence of imprisonment has expired, as sufficient authority to receive and detain him in prison until the governor receives further instructions from the Secretary of State." The following extracts from a circular letter of the Secretary of State, dated October 19th, 1906, are worthy of attention : In two or three cases the Secretary of State has received certificates from courts of quarter sessions recommending the expulsion of aliens who have been sentenced by them to imprisonment as incorrigible rogues, and, so far as the merit of the cases went, he would have been glad to act on these recommendations. But he has been met by the technical difficulty that a court of quarter sessions has no power to give such a certificate. It is clear that under section 3 (1) (a) of the Act the only court which can do this is the court which convicts, namely, in such a case, the court of summary jurisdiction. The Secretary of State has, therefore, felt obliged to refrain from making an expulsion order in these cases; but it would be a matter of regret if aliens of this character were altogether to escape from the expulsion provisions of the Aliens Act. If it be suggested that the court of summary jurisdiction, which is the convicting court in the case of " Incorrigible Rogues," should give a certificate recommending expulsion, the difficulty arises that the recommendation must be made "either in addition to or in lieu of his sentence" which in this case is finally imposed by the court of quarter sessions. The Act in short contemplates only the ordinary case where the court which convicts also passes sentence. These difficulties, however, do not arise where the court of summary jurisdiction instead of convicting the alien as an "incorrigible rogue " deals with him merely as a "rogue and vagabond," and gives a certificate recommending expulsion in addition to or in lieu of the imprisonment which it has power to impose. The Secretary of State is of opinion, after consultation with the chief magistrate at Bow Street, that this is a course which a court of summary jurisdiction may properly adopt in most cases even in dealing with an alien offender who is qualified by previous convictions to be sent to quarter sessions. Sched. |