Sivut kuvina

Proof of pre

against whom the conviction is sought to be proved with the per- 34 & 35 Vict. son appearing in the record or extract of conviction to have been c. 112. convicted. 18 A record or extract of a conviction shall in the case

vious convicof an indictable offence consist of a certificate containing the sub- tion of ac


Sect. 18. 18 Identifying certain Criminals by means of Register and Photographs.] 34 & 35 Vict. Sect. 6 of 34 & 35 Vict. c. 112, contains in the sub-sections enactments c. 112, s. 6. “with a view to facilitate the identification of criminals,” viz. :

“(1.) Registers of all persons convicted of crime* in the United Kingdom shall be kept in such form and containing such particulars as may from time to time be prescribed

by one of her Majesty's principal secretaries of state;

(2.) The register for England shall be kept in London under the management of the commissioner of police of the metropolis, or such other person as the secretary of state may appoint:

“(5.) In every prison, the gaoler or other governor of the prison shall make returns of the persons convicted of crime and coming within his custody; and such returns shall be in such form or forms and contain such particulars

as the secretary of state may require (penalty on gaoler, &c., for neglect, not exceeding £20]:

(6.) In Great Britain the secretary of state may make regulations as to the photographing of all prisoners convicted of crime who may for the time being be confined in any prison in Great Britain, and may in such regulations prescribe the time or times at which and the manner and dress in which such prisoners are to be taken, and the number of photographs of each prisoner to be printed, and the persons to whom such photographs are to be sent :

(7.) Any regulations made by the secretary of state as to the photographing of prisoners in any prison in England shall be deemed to be regulations for the government of that prison, and binding on all persons, in the same manner as if they were contained in the first schedule annexed to The Prison Act, 1865 (28 & 29 Vict. c. 126]:

“(10.) Any prisoner refusing to obey any regulation made in pursuance of this section shall be deemed guilty of offence against prison discipline, in England within the meaning of the fifty-seventh regulation in the first schedule annexed to the said Prison Act, 1865

“(11.) Any authority having power to make regulations in pursuance of this section may from time to time modify, repeal or add to any regulations so made:

(12.) Any expenses incurred in pursuance of this section shall be defrayed as follows (that is to say),

The expense of keeping the register in London shall, to such amount as may be sanctioned by the Treasury, be paid out of moneys provided by parliament;

The word “crime" used in the above section is, by sect. 20 of the Sect. 20. act defined to mean "any felony, or the offence of uttering false or counterfeit coin, or of possessing counterfeit gold or silver coin, or the offence of obtaining goods or money by false pretences, or the offence of conspiraey to defraud, or any misdemeanor under the 58th section of the 24 & 25 Vict. c. 96" [i.e. being armed by night with weapons, &c., &c.; see Offences set out in tit. Housebreaking,” Chap. II.].

34 & 35 Vict. stance and effect only (omitting the formal part of the indictment c. 112.

and conviction), and purporting to be signed by the clerk of the Proof of pre- court or other officer having the custody of the records of the court vious conviction of by which such conviction was made, or purporting to be signed by accused, the deputy of such clerk or officer:--and in the case of a summary Sect. 18. conviction shall consist of a copy of such conviction purporting to

be signed by any justice of the peace having jurisdiction over the offence in respect of which such conviction was made, or to be signed by the proper officer of the court by which such conviction was made, 19 or by the clerk or other officer of any court to which such conviction has been returned. A record or extract of any conviction made in pursuance of this section shall be admissible in evidence without proof of the signature or official character of the person appearing to have signed the same. A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom ;-and a conviction before the passing of this act shall be admissible in the same manner as if it had taken place after the passing thereof. A fee not exceeding five shillings may be charged for a record of a conviction given in pursuance of this section. The mode of proving a previous conviction authorized by this section shall be in addition to and not in exclusion of any other authorized mode of proving such conviction."


Documentary evidence.


Documents produced in evidence in case they are in the hands of the accused, of course, after notice to produce has been given to him, Reg. v. Elworthy, 37 L.J. (N. S.) M. C.3) should be initialed or stamped by the clerk, and either introduced in extenso into the depositions or their purport stated, as the case requires.

As to ordering witnesses out of court, see Vol. I. p. 167; and as to their refusing to be sworn, &c., see ante, p. 940.

The justices are quite competent to adjourn the examination either “from the absence of witnesses, or from any other " reasonable cause" (s. 21, ante, p. 936), such as the procuring of evidence on other charges against the accused, &c.; in which case the accused is remanded or bailed; but bail is en

Remanding for further evidence, &c.

“The expenses incurred in photographing the prisoners in any prison

shall be deemed to be part of the expenses incurred in the mainten

ance of the prison, and shall be defrayed accordingly. “ This section shall not apply to the prisons for convicts under the superintendence of the directors of convict prisons, or to any military or naval prison."

19 The mode of certifying this summary conviction is given in Vol. I., Note 35, p. 188.

tirely discretionary with the justices on a remand. See Note 5, ante, p. 936.

Where the accused is charged with two or more felonies or Where several misdemeanors committed at the same time and in the same against the

charges jurisdiction in respect of the same or different prosecutors, or accused, with misdemeanors committed at different times but in the same jurisdiction in respect of the same or different prosecutors, the evidence may, if convenient, be taken in one set of depositions; but if the offences are not so committed, one case may be completed, and the commitment in it held over, if necessary, until the completion of the other case (the accused in the meantime being remanded on either charge), and then a detainer made out in the second case.

Everything occurring before the magistrates should be observations taken down in writing and returned with the depositions, as

by accused

during the where the prisoner voluntarily makes a remark or statement examination. which is material, during any period of the examination, for it is admissible as evidence, though the prisoner's statement is afterwards taken in writing (3 Russell on Cr., 4th ed. Pp. 453, 454); and Reg. v. Stripp (25 L. J. (N. S.) M. C. 109; 1 Dears. C. C. 648) decides that no caution is necessary by the magistrate till the depositions are all taken and the case for the prosecution completed ; and even if such observation be not so taken down, that case and R. v. Jacob (1 Leach, 309), and Reg. v. Thomas (14 J. P. 513, per Talfourd, J.), seem to admit that parol evidence of it will be allowed to be given at the trial. 20 If such an observation be taken down, it is proved at the trial by the magistrates' clerk who took it, or any witness who was present and heard it, and is competent to speak to the exact words used. Indeed, the same rule appears to apply to facts of which no mention is made in a witness's deposition, the magistrate's clerk being called on the trial for the purpose of stating that such facts were stated by

20 The contrary was held by Platt, B., in R. v. Weller, 2 C. & K. 223; Reg. v. Carpenter, 2 Cox, C. C. 228, per Wilde, C. J., 8 Law T. 558. It should be distinguished in the deposition in this way: The prisoner on being asked if he wished to put any question to the witness here voluntarily said: -" or "the prisoner at this stage of the proceedings desired to make a statement, and having been given clearly to understand that he was not obliged to say anything now, but that what he did say would be taken down in writing and might be used in evidence against nim, voluntarily says as follows: or “the prisoner here voluntarily said :

0.5. VOL. II.

3 Q

the witness when he made his deposition, but were not taken

down by him (Reg. v. Moore, 20 Law T., N. S. 987, Lush, J.). Confession of Any promise or inducement held out to a prisoner, or any accused under admonition to speak the truth, coupled with any expression inducement or threat. importing that it would be better for him to do so, by which

he makes a confession or statement to a constable or other person in authority, or to a person directly injured by the crime, renders the statement inadmissible as evidence against him. 21 Any confession or statement, however, made by the accused to the constable or other person, without such promise or inducement,-or to any person not in authority, under such promise or threat,-is admissible as evidence against him; but a constable is not to caution or lead a prisoner to say anything, although it is permitted him to question him. 22 Any fact discovered in consequence of information obtained by a promise, threat or inducement may be given in evidence. 23 Where, after an inducement by a threat or promise has been holden out to a prisoner, the prisoner makes a confession or not, and afterwards he is told by the justice in the words of the proviso in section 18 (post, p. 957), that he has nothing to hope from the one or dread from the other, any confession he then makes will be receivable in evidence. 24 In a case, where a police

Upchurch, R. & Moo. 465 ; Rer v. Rou, Russ. & Ry. 153 ; Rex v. Taylor, 8 C. & P. 733 ; Rex v. Simpson, R. & Moo. 410; Reg. v. Hewitt, Car. & M. 534; Reg. v. Langher, 2 Car. & K. 225; Reg. v. Garner, i Den, C. C. 329; 18 L, J. (N. S.) M. C. 1; Reg. v. Warringham, 2 Den. C. C. 447; Reg. v. Moore, 2 Den. C. C. 521; 21 L. J. (N. S.) M. C. 199; Reg. v. Luckhurst, and Reg. v. Sleeman, 23 L. J. (N. S.) M. C. 18, 19; 1 Dears. C. C. 245, 249 ; Reg. v. Toole, 7 Cox, C. C. 244. In the case of Reg. v. Rue, 34 Law T., N. S. 400, a servant girl was questioned by the mother of a child who had been found dead in a ditch, and she was asked whether she had anything to do with its disappearance; upon which see cried and said, “If you won't send for the police, I will tell the truth; whereupon her mistress replied, “I will not hurt you if you speak the truth; you will be much happier if you tell the truth," and she promised not to send for the police; whereupon the girl made a confession, which upon the trial was rejected as being made under an inducement. It further appeared that shortly after this confession the mistress sent for a neighbour and informed him of the confession, whereupon he had an interview alone with the girl and asked her questions upon the subject, but he held out no inducement, and she then made a similar confession ; and it was held that the second confession was so connected under the circumstances with the first that it was inadmissible.

21 Rex v.

22 Rex v. Taylor, 8 C. & P. 733; Reg. v. Priest, 2 Cox, C. C. 378; Reg. v. Day, Id. 209; see also Reg. v. Collier, 3 Cox, C. C. 57; Reg. v. Jacobs, 4 Cox, C. C. 54; Reg. v. Petit, Id. 164; Reg. v. Garner, 1 Den. C. C. 329; Reg. v. Millen, 3 Cox, C. C. 434 ; R. v. Holmes, 1 C. & K. 248; Reg. v. Langher, 2 C. & K. 225 ; R. v. Thornton, R. & M. 27.

23 R. v. Warwickshall, i Leach, 263; R. v. Mosey, Id. 265, n. 24 R. v. Clewes, 4 Car, & P. 221; R. v. Richards, -5 Car. & P. 318;

man said to the prisoner, “ You need not say anything to cri- Confession of minate yourself; what

say will be taken down and used accused under

inducement or as evidence against you:” it was held that that observation threat. did not amount to any promise threat to induce the prisoner to confess, so as to render a confession made after it inadmissible (Reg. v. Baldry, 21 L.J. (N. S.) M. C. 130; 2 Den.C.C. 430). 25

FORMS. (Vide M., Nos. 51, 52, Oke's Formulist,” 6th ed., pp. 491, 492.]

3. Adjourned Eramination. On the case being resumed after a remand and the accused Additional being present, the witnesses before examined are, if required evidence

taken, &c. and if before another justice must be), again sworn, and their depositions read over to them, and corrected if necessary; and if they have any additional evidence to give it is then taken, the prisoner or his attorney being at liberty to cross-examine as before. The evidence of the further witnesses, if there should be any, is then taken in the same way, and the case completed, as shown ante, p. 945, &c. 26

R. v. Hores, 6 Car. & P. 404, S. P.; R. v. Hearn, Car. & M. 109; R. v.
Holmes, 1 C. & K. 248; R. v. Dingle, 1 C. & K. 637.

25 See also Reg. v. Parker, 30 L. J. (N. S.) M. C. 144 ; 1 Leigh & Cave, C. C. 42. In the most recent case of Reg. v. Jarvis (37 L. J. N. S.) M. C. 1; 17 Law T., N. S. 178), wherein all the previous cases were referred to by the counsel engaged on one side or the other, one of a firm who employed the prisoner, having called him up into the private counting-house of the firm, in the presence of another of the firm and two officers of police, said, “I think it is right that I should tell you that, besides being in the presence of my brother and myself, you are in the presence of two officers of the police; and I should advise you that to any question that may be put to you, you will answer truthfully, so that if you have committed a fault you may not add to by stating what is untrue;" and having shown å letter to him, which he denied to have written, added, “Take care; we know more than you think we do." The prisoner thereupon made a confession : it was held that these words did not import an inducement or threat; and that evidence of the confession was admissible. As to the admissibility of statements made by a bankrupt on his examination before a commissioner as evidence in a criminal prosecution, see Reg. v. Sloggett, 25 L. J. (N. S.) M. C. 93; 1 Dears. C. C. 656; Reg. v. Scott, 25 L, J. (N. S.) M. C. 128; 1 Dears. & Bell, C. C. 47; Reg. v. Cross and Leyland, i Dears. & Bell, C. C. 68; and Rrg. v. Skeen and Freeman, 1 Bell, C. C. 97; 28 L. J. (N. S.) M. C. 91.

26 Vide Oke's Formulist,” 6th ed. p. 492, No. 52, for Forms of Caption and Jurats of Depositions on remand day, when taken before another justice or otherwise.


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