« EdellinenJatka »
“perty, and such court shall make such order respecting the
disposal of such property, and may award such costs as the “justice of the case may require.
“It shall be lawful for any chief officer of police to give
“the preceding twelve months have been, in the occu-
“ceiving stolen property or of harbouring thieves : or “ Second. When the premises to be searched are in the
“occupation of any person who has been convicted of
“ishable by penal servitude or imprisonment:
Several offenders, who have taken part in committing the When several same offence, as well as several offences committed by one
offenders. person, may be joined in the same information and complaint, there being no restriction in this statute (11 & 12 Vict. c. 42) as in the 11 & 12 Vict. c. 43, s. 10, Vol. I., p. 129, relating to summary convictions as to the number of offences.
As a general rule, magistrates ought not to entertain criminal Criminal charges arising out of civil proceedings which are still pending; arising out of at all events, except for the purpose of holding the accused to civil probail, unless the trial has been postponed to allow the criminal ceedings. charge to be first disposed of. In such a case the Court of Queen’s Bench has refused to issue a mandamus to the justices to compel them to hear the charge. 25 It is perfectly competent, and is not unusual for justices to Charges
already entergrant process (of course, on a proper information regularly tained by
man of London, or any two or more justices in petty sessions. See sect. 17 in Note 92, ante, pp. 370, 371, tit. “Convicts,” Vol. I.
25 R. v. Ingham, 14 Q. B. 396. It is the practice of the Central Criminal Court not to try an indictment for perjury arising out of a civil action until such action is determined, unless the trial of the action has been postponed by the court in order that the indictment may be tried first (R. v. Ashburn, and R. v. Simmons, 8 C. & P. 50); but this rule is not applicable where the alleged perjury is committed in some interlocutory proceeding, as in an affidavit to hold to bail, or an affidavit for an order to plead under the Bills of Exchange Act, 18 & 19 Vict. c. 67, s. 2.
Caux of previvus wuyiction.
preferred) against parties accused of manslaughter or of murder, and to take the examinations of the witnesses as in any ordinary charge of an indictable offence, notwithstanding the accused has been committed for trial on the coroner's inquisition on the same evidence as could be produced before the justices. There are many advantages in this course as regards the evidence by deposition in the case of the death or illness of any witness examined for the prosecution or for the accused before the justices and other considerations likely to arise on the trial upon the coroner's inquisition. (Reg. v. Spoor, 11 Cox, C. C. 550—Blackburn, J.) If an accused charged with manslaughter has not been bailed by the coroner, which he may do under the 22 Vict. c. 33, a warrant should be issued for his apprehension, and the prosecutor's solicitor will obtain a writ of habeas corpus for the accused being brought before the justices for examination (see Note 3, p. 897).
Where a previous conviction is intended to be charged against an accused, it need not be alleged in the information unless it was a summary conviction, and the subsequent offence would not be indictable except after a previous summary conviction ; but the proper proof may be delayed to be produced till the hearing of the present charge.
Notwithstanding the accused has escaped to a foreign country at the time of the preferring the charge, whether the crime charged is one mentioned in the Extradition Act, 1870, 33 & 34 Viet. c. 52, or the former acts, or applies to the foreign country or not, any justice having jurisdiction over the offence, whether police or stipendiary, or otherwise, may receive the information and grant a warrant for the apprehension of the accused, and hear the case upon his being brought before him in the ordinary way, as that act does not at all affect the granting of a warrant, but only regulates the delivery up of offenders from the state in which they may seek an asylum to another in which the offence was committed. For the provisions of the 33 & 34 Vict. c. 52 (as well as a reference to the repealed acts), in the case of a fugitive criminal from a foreign state, see division 5 of Sect. II. of this Part, post, p. 914.
Offenders who have escaped to a foreign country.
FORM. [(A) in 11 & 12 Vict. c. 42, No. 1, Oke's "Formulist,” 6th ed.
SECT. II. THE PROCESS TO ISSUE AGAINST OFFENDERS, THE
EXTRADITION OF CRIMINALS, &c.
1. In ordinary Cases.
by Foreign States under Treaties with this country.
with whom no Treaties for Extradition of Criminals exist.
Country, or vice versa.
1. In ordinary Cases.
of having committed any such crime or offence elsewhere out
being or is suspected to reside or be within the limits of the
1 It will be seen by sect. 8, ante, p. 885, that where a warrant is issued an information in writing and on oath must be taken; but if a summons is issued, the information need not be in writing or on oath; and by p. 883, and Note 5, that the practice at the Mansion House, London, is in all cases to take an information in writing and on oath whatever process is issued against the accused.
2 Vide the Introduction, Vol. I. pp. 21-25, as to the jurisdiction of justices in respect to indictable offences under special circumstances, paragraphs numbered 10 to 26. As to the apprehension of persons flying to foreign countries, or the Colonies, see pp. 931, 932.
3 If the accused be in gaol for some other offence, and no indictment found for the subsequent offence, this warrant under the section must be given to the constable, and he must execute it the first opportunity. If the charge be a serious one, or where delay would be inconvenient, a
11 & 12 Viet “justice or justices of the peace to issue his or their warrant
“ (B), to apprehend such person, and to cause him to be “ brought before such justice or justices, or any other justice " or justices for the same county, &c., to answer to such
charge or complaint, and to be further dealt with according Em 1.
" to law :-Provided always, that in all cases it shall be law“ ful for such justice or justices to whom such charge or com“plaint shall be preferred, if he or they shall so think fit, " instead of issuing in the first instance his or their warrant “to apprehend the person so charged or complained against, " to issue his or their summons (C), directed to such person, "requiring him to appear before the said justice or justices “ at a time and place to be therein mentioned, or before such
“ other justice or justices of the same county, &c. as may then ** warrant, on “ be there,—and if after being served with such summons in dia.carstisance,
manner hereinafter mentioned he shall fail to appear at such “ time and place, in obedience to such summons, then and in “every such case the said justice or justices, or any other “ justice or justices of the peace for the same county, &c.,
may issue his or their warrant (D) to apprehend such person " so charged or complained against, and cause such person to “ be brought before him or them, or before some other justice
or justices of the peace for the same county, &c., to answer “ to the said charge or complaint, and to be further dealt with
justice might examine the witnesses at the gaol in the presence of the prisoner, as in ordinary cases, and sign a commitment in the usual way, or a habeas corpus might be obtained on an affidavit of the prosecutor detailing the evidence against the accused ; or, which is a more simple mode, a justice's warrant can be obtained and application made to a judge at chambers on an affidavit of the prosecutor or the officer having charge of the new case. The court will not, however, grant the application to remove a prisoner from gaol where he is undergoing sentence, in order to take him before a justice in another county for examination on another charge, but will grant a habeas to bring him up for trial on a true bill being found against him on that charge (Reg. v. Day, 3 F. & F. 526, Mellor, J.). The habeas is usual to bring the person before the magistrate to "answer to a charge of felony to be then and there made against him, and so from day to day until he shall have answered the said charge, and to be further dealt with according to law." The gaoler having the accused in custody will bring him with the writ before the justice. In case of the committal of the accused, he will be sent to the ordiuary gaol for felons with the habeas and answer (to which the original warrant of commitment will be annexed and therein referred to), which answer operates as a detainer should he be acquitted. If the accused is discharged by the justice, he is sent back to the prison from which he was brought, the justice indorsing that fact on the answer; if remanded, he is taken back and brought up again, and the answer indorsed by the justice to that effect.
" according to law:-4 Provided nevertheless, that nothing 11 & 12 Vict. “herein contained shall prevent any justice or justices of the
or before repeace from issuing the warrant hereinbefore first mentioned, turn of sumat any time before or after the time mentioned in such sum- mons. mons for the appearance of the said accused party." By sect. 9, after providing—"that upon such information and Sect. 9. complaint being so laid as aforesaid, the justice or justices
receiving the same may, if he or they shall think fit, issue “ his or their summons or warrant respectively as herein before " is directed, to cause the person charged as aforesaid to be and
appear before him or them, or any other justice or justices of " the peace for the same county, riding, division, liberty, city,
borough or place, to be dealt with according to law,” further enacts, that “every such summons (C) shall be directed to the How sumparty so charged in and by such information, and shall state
directed. "shortly the matter of such information, 5 and shall require " the party to whom it is so directed to be and appear at a “ certain time and place therein mentioned before the justice “who shall issue such summons, or before such other justice
or justices of the peace of the same county, riding, division, " liberty, city, borough or place as may then be there, to "answer to the said charge, and to be further dealt with "according to law;-and every such summons shall be served How sum“ by a constable or other peace
mons is to be the person to whom
served. “it is so directed by delivering the same to the party per“sonally, or if he cannot conveniently be met with then by “ leaving the same 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 the same in manner afore“said 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 ;-and if the person so served “shall not be and appear before the justice or justices at the “ time and place mentioned in such summons, in obedience to “ the same, then it shall be lawful for such justice or justices " to issue his or their warrant (D) for apprehending the per“son so summoned, and bringing him before such justice or
4 Justices cannot proceed to hear a charge of an indictable offence in the absence of the accused, even though he be represented by counsel or solicitor; and no admission of such counsel or solicitor can at any time during the inquiry be received in evidence against the accused.
5 For a short mode of describing all indictable offences, see Oke's “Formulist,” 6th ed. pp. 514—612.