Page images
PDF
EPUB

person, and to cause him to be brought before them, to be dealt with according to law, and upon apprehension he shall be committed or bailed as they think fit. If he be already in prison for some other offence, the justice may order him, by warrant to the gaoler, to be detained until removed by writ of habeas for the purpose of being tried.

Section 4 gives power to justices to issue warrants on Sundays.

By section 5, justices for adjoining counties may act for one county while residing in another, and the acts of any constable or other officer in obedience thereto shall be as valid as if such justice were in the place for which he shall so act; and all constables and other officers for the place for which such justice shall so act are authorized and required to obey the warrants, orders, directions, or acts of such justice, and to do and perform their several offices and duties in respect thereof, under the pains and penalties to which any constable or other officer may be liable for a neglect of duty; and any such constable or other peace officer, or any other person, taking into custody any person offending against law, and whom he lawfully may and ought to take into custody, by virtue of his office or otherwise, in any such place, may lawfully take such person before any such justice of the peace whilst such justice shall be in such adjoining place as aforesaid, and the constables and other peace officers are authorized and required in all such cases so to act in all things as if the justice were within the place for which he shall so act.

The justices for a county may act for it in an adjoining city or place of exclusive jurisdiction, but neither they nor any constable, &c., acting under them may interfere with any matter arising within a place of exclusive jurisdiction (section 6).

When a charge for an indictable offence is made, if a warrant is to be issued, information on oath must be laid before justices; but if a summons is to be issued instead, information need not be on oath (section 8).

the

By section 9, upon complaint being laid, justices receiving the same may issue a summons directed to the party charged, or a warrant for his appearance; and every such summons shall be served by a constable or other peace officer upon person to whom it is so directed by delivering it to him personally, or if he cannot conveniently be met with, then by leaving it with some person for him at his last or most usual place of abode; and the constable or other peace officer who shall have served it shall attend at the time and place and before the justices in the said summons mentioned, to depose, if necessary, to the service of such summons. If the party summoned do not attend, a justice may issue a warrant to compel attendance. No objection is allowed for alleged defect in form of warrant, but if the party charged has been misled by it there shall be an adjournment, and he shall be remanded or bailed.

A warrant must be signed and sealed by the justices, and must be directed to the constable or constables of the district, either by name or generally, and describe briefly the offence and the offender by name or otherwise. It remains in force until it is executed by any constable within the district for which it is granted (section 10).

Backing of warrants.—Section 11 contains regulations as to the backing of warrants by indorsement into other jurisdictions; and such indorsement shall be sufficient authority to the person bringing such warrant, and to all other persons to whom it was originally directed, and also to all constables and other peace officers of the place where such warrant shall be so indorsed, to execute the same.

Section 16 gives power to justices to summon witnesses to attend and give evidence, and to issue a warrant if the summons is disobeyed. Persons appearing on summons refusing to be examined may be committed.

Persons charged with indictable offences before being committed for trial shall hear the examination of the witnesses

against them, and may cross-examine them. The sworn evidence of these witnesses shall be read over to and signed by them, and by the justices, and these depositions may in certain cases be receivable as evidence (section 17).

Section 18 enacts, that after the examination of the accused, the justice shall read the depositions taken against him, and caution him as to any statement he may make; and inform him that he has nothing to hope or fear from either promise or threat: Provided nevertheless, that nothing herein enacted or contained shall prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the person accused or charged, made at any time, which by law would be admissible as evidence against such person.

By section 19, the room in which the justices shall take such examinations shall not be deemed an open court, and they may order that no person shall remain in the room.

Recognizances.-Section 20 gives power to justices to bind over the prosecutors and witnesses by recognizance (see section 42 of the Summary Jurisdiction Act, 1879), which, with the depositions, &c., are to be transmitted to the court in which the trial is to be had. Witnesses refusing to enter into recognizances may be committed until the trial.

Remand.—The justices may remand the accused if for less than eight days by warrant, or for three days verbally, and may bail the accused if they think fit (section 21).

Expenses. A person apprehended in one county on charge of an offence committed in another, may be examined in the former; and if evidence be deemed sufficient may be committed to prison. If insufficient, he may be brought before some justice in the latter county, and in such case the constable or other person or persons to whom the warrant has been directed, and who have conveyed the accused before such justice, shall be entitled to be paid his costs and expenses of conveying the accused before the justice; and upon the constable or other person producing the accused

before the justice, and delivering him into custody, and upon the constable delivering to the justice the warrant, information (if any), depositions, and recognizances, and proving by oath the handwriting of the justice or justices who shall have subscribed the same, the justice to whom the accused is so produced shall ascertain the sum which ought to be paid to such constable or other person for taking him before such justice, as also his reasonable costs and expenses of returning, and thereupon such justice shall make an order upon the treasurer of the county or place, or if such place shall be contributory to the county rate of any county or liberty, then upon the treasurer of such county or liberty, for payment to such constable or person of the sum so ascertained to be payable to him, and the treasurer, upon such order being produced, shall pay the amount to the constable or person producing the same, or to any person who shall present the same to him for payment (section 22).

Bail.-Gives power to justices to admit to bail persons charged with felony and certain misdemeanors, namely:obtaining or attempting to obtain property by false pretences; receiving property stolen or obtained by false pretences; perjury or subornation of perjury; concealing the birth of a child; indecent exposure of the person; riot; assault in pursuance of a conspiracy to raise wages; assault upon a peace officer in the execution of his duty; neglect or breach of duty as a peace officer; any misdemeanor for the prosecution of which the costs may be allowed out of the county rate. Justices may also admit to bail in the like cases after commitment for trial. Justices must admit to bail persons charged with other misdemeanors. No bail in cases of treason but by an order of the Secretary of State (section 23).

Commitment. The constable or any of the constables or other persons to whom the warrant of commitment shall be directed shall convey the accused to the gaol or other prison mentioned in such warrant, and there deliver him, together with the warrant,

to the gaoler, keeper, or governor of such gaol or prison, who shall thereupon give such constable or other person so delivering the prisoner into his custody a receipt for such prisoner, setting forth the state and condition in which such prisoner was when he was delivered into the custody of such gaoler, keeper, or governor; and in all cases where such constable or other person shall be entitled to his costs the justices may ascertain the sum which ought to be paid to such constable or other person for conveying the prisoner to such gaol or prison, and also the sum which should reasonably be allowed him for his expenses in returning, and shall make an order upon the treasurer of such county or place, or, in the county of Middlesex, upon the overseers of the poor, for payment to such constable or other person of the sums so ascertained to be payable to him; and the said treasurer or overseers, upon such order being produced, shall pay the amount to such constable or to any person presenting it for payment. But if the committing justices think that the prisoner has money enough to defray the expense, or part of it, they may order the money to be so applied (section 26).

The defendant must have copies of the depositions (sect. 27).

Metropolitan police magistrates and stipendiary magistrates may act alone (section 29).

The schedule contains forms of informations, warrants, summons, depositions, recognizances, orders, and certificates.

The Indictable Offences Act Amendment Act, 1868 (31 & 32 Vict. c. 107), provides for Scotch and Irish warrants being backed in the Channel Isles.

Industrial Schools.

A school in which industrial training is provided and in which children are lodged, clothed, and fed, as well as taught, shall be deemed an industrial school within the meaning of Act 29 & 30 Vict. c. 118. Such school, when certified by Secretary of State, shall be deemed a certified industrial

« EelmineJätka »