Reformatories.

Industrial schools.

the court may fine the offender, and require him to enter into his own recognizances and to find sureties, both or either, for keeping the peace and being of good behaviour, in addition to or in lieu of any other punishment. In case of a felony punishable under the Acts, the court may order him to enter into his own recognizances and to find sureties, both or either, for keeping the peace, in addition to any other punishment. But under these clauses no one may be imprisoned for not finding sureties for any period exceeding one year (p).

Reformatory and Industrial Schools. When any offender who, in the judgment of the court or magistrates, is under the age of sixteen years, is convicted. of an offence punishable by penal servitude or imprisonment, and is sentenced to imprisonment for ten days or more, the court or magistrates may also sentence him to be sent, after his imprisonment, to a certified reformatory school, to be there detained for a period of from two to five years. But if he is under the age of ten years he may not be sent to a reformatory unless. he has been previously charged with some offence punishable by penal servitude or imprisonment; or is sentenced by a Judge of assize or a court of general or quarter sessions. The court sending such a youthful offender to a school will choose one of his apparent religious persuasion (q).

Industrial schools meet the case of those who have not to so great an extent fallen into crime, but are on the highway to it. Thus, two magistrates may send the following, among others, to such schools: children apparently under the age of fourteen begging, having no home or visible means of existence, in the company of reputed thieves; destitute orphans, or having a surviving parent in penal servitude or imprisonment;

(p) 24 & 25 Vict. c. 96, s. 117; c. 97, s. 73; c. 98, s. 51; c. 99, s. 38; c. 100, s. 71.

(7) 29 & 39 Vict. c. 117, s. 14.

children apparently under the age of twelve charged with an offence punishable by imprisonment or less punishment, but not having been convictied of felony, &c. No child is detained in such school after he has attained the age of sixteen, unless with his own consent expressed in writing (r).

Other Consequences of Conviction.

Until recently certain forfeitures and other conse- Forfeiture, &c. quences followed on conviction for treason or felony. But by statute (s) it has been provided that from and after the passing of the Act (July 4, 1870) no confession, verdict, inquest, conviction, or judgment of or for any treason, felony, or felo de se, shall cause any attainder or corruption of blood, or any forfeiture, or escheat; provided that nothing in the Act shall affect the law of forfeiture consequent upon outlawry. Of course this does not refer to, or interfere with, any fine or penalty imposed in the sentence (t).

But a conviction for treason or felony for which the Deprivation of sentence is death, penal servitude, or imprisonment with office, &c. hard labour, or exceeding twelve months, determines the tenure of any military or naval office, or any civil office under the Crown, or other public employment, or any ecclesiastical benefice, or any office or emolument in any university or other corporation, or any pension or superannuation allowance payable by the public, or out of the public funds, unless a pardon is received within two months after the conviction, or before the filling up of the office, place, &c., if given at a later period. It also disqualifies for the future, until the punishment has been suffered or pardon received, the felon from holding any military or naval office, or any civil office under the Crown, or other public employment, or any

(r) 29 & 30 Vict. c. 118.
() 33 & 34 Vict. c. 23, s. 1.
(t) Ibid. s. 5.

Property of a felon after conviction.

Costs and

ecclesiastical benefice, or of being elected, or sitting, or voting as a member of either House of Parliament, or of exercising any right of suffrage or other parliamentary or municipal franchise within England, Wales, or Ireland (u).

As to the property of the felon. By the same statute (x) it is provided that this may be committed to the custody and management of an administrator, to be appointed by the Crown; or, in default of such appointment, to the management of an interim curator, who may be appointed by the magistrates on an application made in the interest of the felon or his family. The administrator or curator must pay his debts and liabilities, and support his family, and preserve the residue of the property for the felon himself or his representatives, on the completion of his punishment, his pardon, or his death.

Persons convicted of treason or felony may be concompensation. demned in costs; and if convicted of felony may be ordered to pay a sum of money not exceeding £100, as compensation to the person defrauded or injured by the commission of the felony (y).

(u) 33 & 34 Vict. c. 23, s. 2.

(x) Ibid. ss. 9, 18, 21.

(y) Ibid. ss. 3, 4.

CHAPTER XXII.

PROCEEDINGS AFTER TRIAL.

effect.

THOUGH there is no appeal on the merits in a criminal Verdict, when case, the verdict of the jury does not always determine it does not take the conviction or acquittal of the prisoner. We have already seen (z) that judgment may be arrested on certain grounds. It remains to consider those cases in which the judgment, though actually given, is subsequently affected. This matter will be treated of under the heads of New Trial, Reversal of Judgment by Writ of Error, and the Court for Crown Cases Reserved. The subject of Reprieve and Pardon will form a separate chapter.

NEW TRIAL.

"Where an indictment has been preferred in the New trial, Queen's Bench, or has been removed into that court by when allowed certiorari, a new trial may, after conviction, be moved for, on the ground that the prosecutor has omitted to give due notice of trial; or that the verdict has been contrary to evidence, or to the direction of the judge; or for the improper reception or rejection of evidence, or other mistake or misdirection of the judge; or for any gross misbehaviour of the jury among themselves; or for surprise; or for any other cause where it shall appear to the court that a new trial will further the ends of justice" (a).

It is now settled that only in misdemeanors, and not

(z) v. p. 433.

(a) Arch. 194.

New trial, by whom granted.

New trial, how obtained.

in felonies, can a new trial be granted (b). As a rule, after a verdict of acquittal, a new trial will not be granted; but this rule is subject to qualifications, for example, where the defendant has kept back witnesses for the prosecution; or where the object of the criminal proceeding is to try a right, as in the case of a prosecution for the non-repair of roads (c).

Only in case of some irregularity in the proceedings, or, in other words, a mis-trial, can any other court than the Queen's Bench grant a new trial, the mis-trial being regarded as a mere nullity.

The motion for a new trial is made upon the judge's notes of the trial, or upon affidavit, the defendant being present in court. When counsel have been heard on both sides, the court either makes the rule absolute or discharges it, with or without costs. If the new trial is granted, the effect of the former trial is completely swept away, and all the facts are re-heard.

Reversal of judgment.

Writ of error.

REVERSAL OF JUDGMENT BY WRIT OF ERROR.

As a rule, the only way in which judgment can be reversed is by writ of error, though such writ is not necessary if the objection is to some matter dehors or foreign to the record, as if judgment be given by persons who have no authority.

A writ of error is a writ directed to an inferior court which has given judgment against the defendant, requiring it to send up the record and proceedings of the indictment in question to the Queen's Bench Division, for that court to examine whether the errors alleged took place, and to affirm or reverse the judgment of the

(b) R. v. Bertrand, L. R. 1 (Priv. Counc.) 520.

(c) v. R. v. Chorley, 12 Q. B. 515.