PART IV. other justice or justices of the peace for the same [county] as may then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not. Form of warrant. The warrant may be granted on a Sunday (sect. 4.) It must be under the hand and seal, or hands and seals, of the justice or justices issuing it;-may be directed either to any constable or other person by name, or generally to the constable of the parish or other district within which the same is to be executed, without naming him, or to such constable and all other constables or peace officers in the county or other district within which the justice or justices has or have jurisdiction, or generally to all the constables or peace officers within such last mentioned county or district;—it must state shortly the offence (Candle v. Seymour, 1 A. & E. (N.S.) 889) on which it is founded, and must name or otherwise describe the offender (a), and order the person or persons to whom it is directed to apprehend the accused, and bring him before the justice or justices issuing the warrant, or before some other justice or justices of the peace for the same county, &c., to answer to the charge contained in the information, and to be further dealt with according to law. It is not necessary to make such warrant returnable at any particular time, but the same remains in force until it is executed (sect. 10). No objection can be taken to the warrant for any defect therein in substance or in form; or for any variance between it and the evidence adduced on the part of the prosecution before the justice or justices who take the examinations of the witnesses; but if any such variance appear to be such that the accused has been thereby deceived or misled, the justice or justices may, at the request of the accused, adjourn the hearing of the case and remand or admit him to bail (sect. 10). (a) General warrants to apprehend are illegal and void. A warrant "to make strict and diligent search for the authors, printers, and publishers of a seditious and treasonable paper, intitled, The North Briton' Number 45, Saturday, April 23rd, 1763, printed for G. Kearsley, in Ludgate Street, London, and them, or any of them, having found, to apprehend and seize, together with their papers, and to bring in safe custody before me to be examined concerning the premises, and further dealt with according to law," is illegal and void. (R. v. Wilkes, 2 Wils. 151; Money v. Leach, 1 W. Bl. 555.) A general warrant, upon a complaint of robbery, to apprehend all persons suspected and to bring them before a justice is void. (1 Hale, 580.) The following form is given in the Schedule to the CH. XIII. Act: : (B.) Warrant to apprehend a person charged with an Indictable Offence. at upon oath before the undersigned [one] of Her Majesty's justices of the at day of Such warrant may be executed (b) by apprehending the Execution accused at any place within the county, &c., within which of warrant. the justices issuing the same had jurisdiction, or in case of fresh pursuit at any place in the next adjoining county or place, and within 7 miles of the border of such first mentioned county, &c. (c), without having such warrant backed as hereinafter mentioned; and in all cases where such warrant is directed to all constables or other peace officers within the county or other district within which the justices issuing the same had jurisdiction, any constable or other peace officer for any parish or place within such county or district, may execute the warrant within any parish or place within the jurisdiction for which such justices acted when the warrant was granted, in like manner as if it were directed specially to such constable by name, and notwithstanding the place in which such warrant be executed is not within the parish, &c., for which he is such constable or other peace officer. (s. 10.) Backing If the accused is not found within the jurisdiction of the justice or justices by whom the warrant was issued, or if he, warrant (b) As to when, where, and how an arrest may be made, see ante p. 40. Where an arrest is made under the authority of a warrant alone, it should be produced. (Galliard v. Laxton, 31 L. J. M. C. 123; Cod v. Cabe, 13 Cox C. C. 202.) A warrant or summons is not avoided by reason of the justice who signed the same dying or ceasing to hold office. (Sum. Jur. Act, 1879, s. 37.) (c) As to the execution of a warrant issued by a justice for a borough within seven miles of it, or within the county in which the borough is, see 5 & 6 Will. 4, c. 76, s, 101. (d) The Criminal Code Commissioners, at p. 34 of their report state:' "As the law now stands, if a warrant is issued in one county for the arrest of a suspected person, it cannot (except in a very few cases) be (d). PART IV. reside, or be, or be suspected to be, in any place in England or Wales out of the jurisdiction of the justice issuing the warrant, any justice of the peace for the latter place may, upon proof alone being made on oath of the handwriting of the justice issuing the warrant, make an indorsement on the same, signed with his name, authorizing the execution of such warrant within the jurisdiction of the justice making such indorsement, and which indorsement is sufficient authority to the person bringing such warrant, and to all other persons to whom the same was originally directed, and also to all constables and other peace officers of the county or place where such warrant is so indorsed, to execute the same in such other county or place, and to carry the accused before the justice or justices of the peace who first issued the warrant, or before some other justice or justices of the peace in and for the same county, &c., or before some justice or justices of the county, &c., where the offence in the warrant mentioned appears therein to have been committed. But if the prosecutor, or any of the witnesses upon the part of the prosecution, are then in the county or place where the accused is so apprehended, the person apprehending the accused may, if so directed by the justice backing the warrant, take and convey him before such last mentioned justice, or before some other justice or justices of the same county or place; who may, thereupon, take the examinations of the prosecutor or witnesses, and proceed in manner hereinafter (post, p. 70) directed with respect to persons charged before a justice or justices of the peace with an offence alleged to have been committed in another county or place than that in which such persons have been apprehended (sect. 11). The following form is given in the Schedule to the Act: (K.) Endorsement in Backing a Warrant. WHEREAS proof upon oath hath this day been made before me, one of Her Majesty's justices of the peace for the said executed in another county without being backed by a magistrate of that county, who, before backing it, must be satisfied upon oath of the genuineness of the signature of the justice whose name it bears. It has been represented to us that this formality is useless and often mischievous; useless, because it can be no protection against a forged warrant, as a person capable of forging a warrant would not hesitate to commit perjury by swearing to its signature; mischievous, because it often causes delay which enables criminals to escape. The practice originated in times when constables were parish officers unknown beyond their own immediate neighbourhood. Since the general introduction of county police it seems to have become useless." [county] of that the name of J. S. to the within warrant Сн. XIII. subscribed, is of the handwriting of the justice of the peace within mentioned. I do therefore hereby authorize W. T., who bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may lawfully be executed, and also all constables and other peace officers of the said [county]_of to execute the same within the said last mentioned [county*], and to bring the said A. B., if apprehended within the same [county], before me, or before some other justice or justices of the peace of the same county, to be dealt with according to law. Given under my hand, this day of 184 j. L. *The words following the asterisk are to be used only where the justice backing the warrant shall think fit, and may be omitted in backing English warrants in Ireland, Scotland, &c., or in backing Irish or Scotch warrants, &c., in England. English warrants may be backed in Ireland, and vice versâ, in the event of parties escaping, &c., and such warrants are then executed by arresting the parties and taking them before the justice or justices who originally granted the warrants, or some other justice or justices for the same county or place, who thereupon proceed in the same manner as if the parties had been apprehended in the last-mentioned county or place. (Sect. 12; 14 & 15 Vict. c. 93, s. 29; 30 & 31 Vict. c. 19.) An English warrant may be backed by making an indorsement in the form referred to, ante, p. 60, in the Isles of Man, Guernsey, Jersey, Alderney, or Sark, and vice versa, and thereupon such warrant is executed by arresting the accused and conveying him into the county or district wherein the justice or person who issued the warrant or process has jurisdiction, before such justice or person, or before some other justice or person within the same county or district, who has jurisdiction to commit the accused to prison for trial, and thereupon proceedings are taken as if he had been. arrested in such county or district. (Sect. 13.) An English or Irish warrant may be backed in Scotland by making an endorsement in the form referred to, supra, and thereupon it is executed by apprehending the accused person and conveying him into the county or place in England, Wales, or Ireland, where the justice or justices who issued the warrant have jurisdiction, and carrying him before such justice or justices, or some other justice or justices for the same county or place, to be there dealt with according to law. (Sect. 14.) Scotch warrants may also be backed by making an indorsement in the form referred to, supra, and executed in England or Ireland. (Sect. 15.) PART IV. Apprehension in a part of H.M's., dominions where of fence not The Summary Jurisdiction (Process) Act, 1881, s. 4, noticed in Chapter 37, also makes provision for the execution and service of process issued by a court of sum. jur. in England, in Scotland, and vice versa. 66 The Fugitive Offenders Act, 1881," 44 & 45 Vict. c. 69, makes provisions for the arrest of persons accused of having committed an offence in one part of Her Majesty's dominions when he is in another part thereof. The effect of this Act is stated in Chapter 36. Her Majesty has made treaties with certain foreign States committed. respecting the surrender of persons accused of certain offences. Arresting The Acts relating to this subject are cited as the "Foreign criminals Jurisdiction Acts, 1843 to 1878," the last of these Acts is the Foreign Jurisdiction Act, 1878. They are shortly referred to in Chapter 36. in a foreign country. Compelling attendance of wit nesses before justices (a). If it be made to appear to any justice of the peace, by the oath or affirmation of any credible person, that any person within the jurisdiction of such justice is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of the witnesses against the accused, such justice must issue his summons to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned therein before the said justice, or before such other justice or justices of the peace for the same county or place, as shall then be there, to testify concerning the charge against the accused;-if any person so summoned shall neglect or refuse so to appear, and no just excuse be offered for such neglect or refusal, then (after proof (b) upon oath or affirmation of such summons having been served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode) the justice or justices before whom such person should have appeared, may issue a warrant, under his or their hands and seals, to bring and have such person, at a time and place to be therein mentioned, before the justice who issued the said summons, or before such other justice or justices of the (a) As to compelling attendance of witnesses in prison not in custody under civil process, see 16 & 17 Vict. c. 30, s. 9; noticed Chapter 15. The attendance of a witness in another county or place out of the jurisdiction of the justices may be compelled by a crown office subpoena. And see Sum. Jur. Act, 1879, s. 36, Chapter 37; and see Sum. Jur. (Process) Act, 1881, s. 4, as to a court of sum. jur. compelling the attendance of a witness who is in Scotland. (b) As to mode of proof of service of summons before court of sum. jur., see Sum. Jur. Act, 1879. s. 41, Chapter 37. |