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The Magisterial Synopsis.

PART II.
INDICTABLE OFFENCES.

CHAP. I. THE LAW AND PRACTICE OF PROCEDURE IN

GENERAL.
II. A SYNOPSIS INDICTABLE OFFENCES

COMMON LAW AND BY STATUTE.

OF

AT

CHAPTER I.

THE LAW AND PRACTICE OF PROCEDURE IN GENERAL.

Tax law and practice of procedure before justices of the peace Preliminary

Observations. out of quarter sessions, with respect to indictable offences, antecedent to and on the preliminary examination and committal of accused persons for trial, are regulated principally by Jervis's Act, 11 & 12 Vict. c. 42, and a few provisions in 11 & 12 Vict. the acts of parliament giving cognizance of the offences. That c. 42. act repealed the previous statutes on the subject.

The preamble of the 11 & 12 Vict. c. 42, recites, that "it " would conduce much to the improvement of the administra“tion of criminal justice within England and Wales, if the “several statutes and parts of statutes relating to the duties “of her Majesty's justices of the peace therein, with respect " to persons charged with indictable offences, were consoli" dated, with such additions and alterations as may be deemed

necessary, and that such duties should be clearly defined by “positive enactment;' and the statute applies, without What 11 & 12 exception, to "all cases where a charge or complaint shall be Vict: c. 42

applies to. “ made before any one or more of her Majesty's justices of

Sect. 1.

0.9.

VOL. II.

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Divisions of the practice.

“the peace for any county, riding, division, liberty, city, “ borough or place within England or Wales, that any person “has committed, or is suspected to have committed any treason,

felony or indictable misdemeanor, or other indictable offence
" whatsoever" 1 (sect. 1).

The practice and procedure may be conveniently arranged
under the following heads :-
Sect. I. PREFERRING TIIE CHARGE.
II. THE PROCESS TO ISSUE AGAINST OFFENDERS, THE

EXTRADITION OF CRIMINALS, &c.
III. REMANDING OR BAILING ACCUSED BEFORE OR DURING

EXAMINATION.
IV. COMPELLING WITNESSES' ATTENDANCE, &c.
V. THE PRELIMINARY EXAMINATION AND COMMITTAL OF

ACCUSED.
VI. BINDING OVER PROSECUTOR AND WITNESSES, &c.
VII. BAILING ACCUSED AFTER EXAMINATION.
VIII. COSTS ATTENDING THE PROSECUTION, &c.

.

Time for commencing prosecutions.

SECT. I.- PREFERRING TIIE CHARGE. The only instances of the time of prosecution for an indictable offence being limited seem to be by the act related to the training to the use of arms, 60 Geo. 3 & 1 Geo. 4, c. 1, s. 7; the Night Poaching Act, 9 Geo. 4, c. 69, s. 4; the Riot Act, 1 Geo. 1, st. 2, c. 5, s. 8; the Bribery at Elections Act, 17 & 18 Vict. c. 102, s. 14; the Customs Act, 16 & 17 Vict. c. 107, s. 303; the Marriage and Registration Act, 6 & 7 Will. 4, c. 85, s. 41; and as to Fraudulent Trade Marks, 25 & 26 Vict. c. 88, s. 18. By the first act the prosecution must be commenced within six calendar months; by the second and third within twelve calendar months, and by the subsequent acts within three years after the offence committed :2 in other cases the charge may be

1 As to the particular offence which must be prosecuted in particular jurisdictions, see Vol. I. pp. 21–28. The provisions of 11 & 12 Vict. c. 42, are cumulative, and therefore where a special mode of proceeding is pointed out with respect to certain offences, for instance, keeping a disorderly house, the non-repair of a highway, &c., it must be followed, if not inconsistent with this later act of 11 & 12 Vict. c. 42.

2 The laying the information or apprehending the accused would be commencing the prosecution (see R. v. Brooks et al., 1 Den. C. C. 217; 2 C. & K. 402; 2 Cox, C. C. 436); but in Reg. v. Hull, 2 F. & F. 16, Pollock, C. B., held that issuing a warrant of apprehension is not a com: Also may

preferred at any time after the commission of the offence; but any delay in doing so should be satisfactorily explained.

As to the place where the offence was committed, the general Place of rule is, that the offences must be inquired of in the county or

offence. district in which they arose by justices of that county or district; but this can hardly be said practically to apply often to many cases, since there are so many exceptions which give justices jurisdiction when the offences are indictable, viz. :Justices may grant a warrant for offences out of their jurisdic

tion, if the person charged be within it (11 & 12 Vict. c. 42,

s. 1, post, p. 893): Also for offences at sea or abroad, and commit for trial (Id. s. 2, post, p. 903):

hear any charge committed in another jurisdiction in England, if the offender is within the justices' jurisdiction (Id.

s. 22): Also for treason or any felony in the colonies (6 & 7 Vict. c. 34,

and 16 & 17 Vict. c. 118): Also for certain offences in France, America, or Denmark, with

which we have treaties, or in other foreign states with which

we may hereafter have treaties (see post, pp. 919, 920): Also for offences within 500 yards (measured in the direct line,

Reg. y. Wood, 5 Jurist, 525] of the boundary of the justices'
jurisdiction, or begun in another county and completed in the
justices' jurisdiction (7 Geo. 4, c. 64, s. 12, paragraph No. 18,

Vol. I. p. 22):
Also for offences during a journey or a voyage, if the carriage or

vessel passed through the justices' jurisdiction (Id. s. 13,

paragraph No. 19, Vol. I. p. 22): Also for murder, &c. abroad, if the offender is within the justices'

jurisdiction (24 & 25 Vict. c. 100, s. 9, post, p. 903): Also for certain offences partly in England and partly out of it

(Id. s. 10, post, p. 904): And a variety of other instances applicable to special crimes and

offences, for which see paragraph No. 26, Vol. I. pp. 23—25. In all cases,-except those provided by the act known as 22 & 23 Vict.

c. 17. Lord Campbell's Vexatious Indictments Act (“An Act to pres vent Vexatious Indictments for certain Misdemeanours''], indictments

In what cases 22 & 23 Vict. c. 17, infra, as amended by “The Criminal Law cannot be “ Amendment Act, 1867,” 30 & 31 Vict. c. 35, sect. 1, p. 877, without a

preferred -an indictment may be preferred for the offence at the court preliminary

inquiry be

'fore justices; mencement of proceedings within 9 Geo. 4, c. 69, s. 4. See also Reg. v. Sect. 1. Parker, i Leigh & Cave, C. C. 459; 10 Law T., N. S. 463.

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