Sect. 21.

21. Remand and bail.] If, from the absence of witnesses, or from any other reasonable cause, it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful to and for the justice or justices before whom the accused shall appear or be brought, by his or their warrant (Q. 1), from time to time to remand the party accused for such time as by such justice or justices in their discretion shall be deemed reasonable, not exceeding eight clear days, to the common gaol or house of correction, or other prison, lock-up house, or place of security, in the county, riding, division, liberty, city, borough, or place, for which such justice or justices shall then be acting; or if the remand be for a time not exceeding three clear days, it shall be lawful for such justice or justices verbally to order the constable or other person in whose custody such party accused may then be, or any other constable or person to be named by the said justice or justices in that behalf, to continue or keep such party accused in his custody, and to bring him before the same or such other justice or justices as shall be there acting, at the time appointed for continuing such examination: Provided always, that any such justice or justices may order such accused party to be brought before him or them, or before any other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, at any time before the expiration of the time for which such accused party shall be so remanded, and the gaoler or officer in whose custody he shall then be shall duly obey such order: Provided also, that, instead of detaining the accused party in custody during the period for which he shall be so remanded, any one justice of the peace before whom such accused party shall so appear or be brought as aforesaid may discharge. him, upon his entering into a recognizance (Q. 2, 3), with or without a surety or sureties, at the discretion of such justice, conditioned for his appearance at the time and place appointed for the continuance of such examination ; and if such accused party shall not afterwards appear at the time and place mentioned in such recognizance, then the said justice or any other justice of the peace who may then and there be present, upon certifying (Q. 4) on the back of the recognizance the nonappearance of such accused party, may transmit such recognizance to the clerk of the peace of the county, riding, division, liberty, city, borough,

or place, within which such recognizance shall have been Sect. 21. taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient primâ facie evidence of such nonappearance of the said accused party.

Remand of Accused.—Under this section the justices may, in their discretion, remand the accused for any period not exceeding eight days, and at the expiration of that time may again remand him, and so on from time to time as long as a remand may be considered necessary. Or, instead of detaining the accused in custody, the justice may discharge him upon a recognizance, with or without sureties, conditioned to appear at an appointed time and place for the continuance of the examination.

The accused, on being remanded, may be taken to the common gaol or house of correction, or other prison, lock-up house, or place of security in the county, etc., for which the justice shall be acting, as may be thought convenient; or, if the remand be for a period not exceeding three days, the accused may be directed to be detained in the custody of a constable to be named by the justice or justices in that behalf. The Home Secretary's opinion as to further remanding a prisoner too ill to attend before justices is set out at 59 J. P. 682.

Remand on Bail.-There is some difference of opinion as to whether if the defendant is admitted to bail and finds bail, he cannot be remanded for more than eight days. In the police courts of the metropolis and the city of London cases are frequently adjourned for a longer period than eight days if the defendant be on bail (see correspondence on this subject in 53 J. P. 830, and 54 J. P. 29).

Reformatory Schools Act.-For powers to remand for more than seven days under the Reformatory Schools Act, 1893 (56 & 57 Vict. c. 48), see note to s. 11 of the S. J. Act, 1879, ante.

Surrender of Principal.-With regard to the power of the sureties to surrender their principal, see note to s. 9 of the S. J. Act, 1879, ante, p. 132.

Director of Public Prosecutions.-The Prosecution of Offences Act, 1879 (42 & 43 Vict. c. 22), s. 5, post, provides for the delivery of certificates, etc., to the director of public prosecutions in cases in which he has undertaken, or is carrying on, any criminal prosecution.

It seems from 44 J. P. 801, that the Home Office authorities have expressed an opinion that the power of a justice of the peace to remand without evidence given by s. 21 of 11 & 12 Vict. c. 42, is not affected by the S. J. Act, 1879.

Recognizance. Since the passing of the S. J. Act, 1884, s. 7, now repealed, but practically re-enacted by the Interpretation Act, 1889, s. 13 (11), post, recognizances under this section may be taken in accordance with s. 42 of the S. J. Act, 1879, ante, p. 196.

Sect. 21.

NOTE.

Bail Before or After Committal.—A distinction appears to be drawn as to the rights of an accused person to bail in cases of misdemeanor before and after committal for trial. The generally received impression appears to be that the right of bail in misdemeanor does not arise until committal for trial. The law upon

this subject requires elucidation, see note to s. 23, infra.

Married Women. There seems no reason why the recognizance of a married woman should not be taken since the Married Women's Property Act, 1882 (45 & 46 Vict. c. 75), where she has separate property.

22. Examination in one county where offence committed in another.] Whenever a person shall appear or shall be brought before a justice or justices of the peace in the county, riding, division, liberty, city, borough, or place, wherein such justice or justices, shall have jurisdiction, charged with an offence alleged to have been committed by him in any county or place within England or Wales wherein such justice or justices shall not have jurisdiction, it shall be lawful for such justice or justices and he and they are hereby required, to examine such witnesses, and receive such evidence in proof of such charge as shall be produced before him or them, within his or their jurisdiction; and if in his or their opinion such testimony and evidence shall be sufficient proof of the charge made against such accused party, such justice or justices shall thereupon commit him to the common gaol or house of correction for the county, riding, division, liberty, city, borough, or place, where the offence is alleged to have been committed, or shall admit him to bail, as hereinafter mentioned, and shall bind over the prosecutor (if he have appeared before him or them) and the witnesses by recognizance accordingly, as is herein before mentioned; but if such testimony and evidence shall not, in the opinion of such justice or justices be sufficient to put the accused party upon his trial for the offence with which he is so charged, then such justice or justices shall bind over such witnesses as he shall have examined, by recognizance, to give evidence, as herein before is mentioned, and such justice or justices shall, by warrant (R. 1) under his or their hand and seal or hands and seals, order such accused party to be taken before some justice or justices of the peace in and for the county, riding, division, liberty, city, borough, or place where and near unto the place where the offence is alleged to have been committed, and shall at

the same time deliver the information and complaint, and Sect. 22. also the depositions and recognizances so taken by him or them, to the constable who shall have the execution of such last-mentioned warrant, to be by him delivered to the justice or justices before whom he shall take the accused in obedience to the said warrant, and which said depositions and recognizances shall be deemed to be taken in the case, and shall be treated to all intents and purposes as if they had been taken by or before the said last-mentioned justice or justices, and shall, together with such depositions and recognizances as such last-mentioned justice or justices shall take in the matter of such charge against the said accused party, be transmitted to the clerk of the court where the said accused party is to be tried, in the manner and at the time hereinbefore mentioned, if such accused party shall be committed for trial upon the said charge, or shall be admitted to bail; and in case such accused party shall be taken before the justice or justices last aforesaid by virtue of the said last-mentioned warrant, the constable or other person or persons to whom the said warrant shall have been directed, and who shall have conveyed such accused party before such last-mentioned justice or justices, shall be entitled to be paid his costs and expenses of conveying the said accused party before the said justice or justices; and upon the said constable or other person producing the said accused party before such justice or justices, and delivering him into the custody of such person as the said justice or justices shall direct or name in that behalf, and upon the said constable delivering to the said justice or justices the warrant, information (if any), depositions, and recognizances aforesaid, and proving by oath the handwriting of the justice or justices who shall have subscribed the same, such justice or justices to whom the said accused party is so produced shall thereupon forthwith ascertain the sum which ought to be paid to such constable or other person for conveying such accused party and taking him before such justice or justices, as also his reasonable costs and expenses of returning; and thereupon such justice or justices shall make an order (R. 2) upon the treasurer of the county, riding, division, or liberty, city, borough, or place, or if such city, borough, or place shall be contributory to the county rate of any county, riding, division, or liberty, then upon the treasurer of such county, riding, division, or liberty respectively to

Sect. 22.

which it is contributory, for payment to such constable or other person of the sum so ascertained to be payable to him in that behalf; and the said treasurer, upon such order being produced to him, shall pay the amount to the said constable or other person producing the same, or to any person who shall present the same to him for payment: Provided always, that if such last-mentioned justice or justices shall not think the evidence against such accused party sufficient to put him upon his trial, and shall discharge him without holding him to bail, every such recognizance so taken by the said first-mentioned justice or justices as aforesaid shall be null and void.

For the statutory definition of "committed for trial" see 52 & 53 Vict. c. 63, s. 27, post.

Procedure on Apprehension on Backed Warrant.-When a prisoner is apprehended on a backed warrant (as to which see s. 11 and note thereon), and taken before a justice of the county, etc., within which the warrant was backed, such justice, if the evidence be sufficient proof of the charge, shall thereupon commit (T. 1) the prisoner to the common gaol, etc., of the county, etc., where the offence is alleged to have been committed, or may admit him to bail, to await his trial. If, on the other hand, the evidence be not sufficient to prove the charge, the justice may bind over the witnesses whom he may have examined, and order (R. 1) the accused to be taken before some justice or justices of the county, etc., where the offence was committed,

Costs.-The costs of the constable in taking the prisoner before the justice of the county where the offence was committed is provided for by the latter part of the section. As to the constable's costs in ordinary cases, see s. 25, post.

The Prosecution of Offences Act, 1879 (42 & 43 Vict. c. 22), s. 5, post, provides for the delivery of depositions, etc., to the director of public prosecutions in cases in which he has undertaken, or is carrying on, any criminal prosecution.

23. Powers of justices as to bail No bail in cases of treason but by order of Secretary of State, etc.] Where any person shall appear or be brought before a justice of the peace charged with any felony, or with any assault with intent to commit any felony, or with any attempt to commit any felony, or with obtaining or attempting to obtain property by false pretences, or with a misdemeanor in receiving property stolen or obtained by false pretences, or with perjury or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or