inferior court. It must be grounded on some substantial defect apparent on the face of the record, as if the indictment be bad in substance, or the sentence be illegal. It will never be allowed for a formal defect (d). The following are examples of cases where it has been held that a writ of error would lie: in perjury, where the court has not competent authority to administer the oath; in libel, if the words do not appear to be libellous; in false pretences, if it is not shewn what the false pretences were (e).

writ of error.

Before suing out the writ of error, it is necessary Proceedings on to obtain the fiat of the attorney-general, on shewing reasonable ground of error. This is at the discretion of the attorney-general, but is not generally refused; indeed, in misdemeanors, it is granted as a matter of course. The writ is delivered to the clerk of the peace, or other officer of the court to which it is directed, who has the custody of the indictment. He makes up the record and makes out the return to the court. The

party suing assigns his errors. The Crown joins in error. The case is argued, and judgment of affirmance or reversal given. The court of error may either pronounce the proper judgment itself, or remit the record back to the inferior court, in order that the latter may pronounce judgment (ƒ).

affirmed.

If judgment is affirmed, the defendant may be at once Judgment committed to prison; and if he does not surrender within four days, a judge may issue a warrant for his apprehension (g).

If judgment is reversed, all the former proceedings are Judgment null and void, and the defendant is in the same position

reversed.

(d) v. 14 & 15 Vict. c. 100, s. 25.

(e) v. Castro v. Murray, 32 L. T. (N.S.) 675.

(f) 11 & 12 Vict. c. 78, s. 5.

(g) 16 & 17 Vict. c. 32, s. 4.

Interval before judgment in

error.

The Supreme
Court of
Judicature

as if he had never been charged with the offence, therefore he may be indicted again on the same ground.

In the interval before the result of the proceedings in error is known, in cases of misdemeanor the defendant is discharged from custody on entering into the recognizances with sureties required by the Acts mentioned below; in felonies he remains in custody (h).

The jurisdiction in error in criminal cases is thus regulated by the Supreme Court of Judicature Acts. Acts and error. On a judgment of the High Court of Justice (including the Queen's Bench Division, commissions of gaol delivery and oyer and terminer), an appeal lies to the Court of Appeal, if there is some error of law apparent on the face of the record, as to which no question has been reserved under 11 & 12 Vict. c. 78. But with that exception, and except when questions have been reserved under the statute, in no case does an appeal lie from the High Court or any of its Divisions in any criminal cause or matter (i). And as to appeals from quarter sessions and other inferior courts, which might have been brought to any court or judge whose jurisdiction is transferred to the High Court of Justice, it is provided that they may be heard and determined by divisional courts of the High Court consisting of judges who may be assigned for that purpose. The determination of such appeals respectively by these divisional courts is final, unless special leave to appeal to the Court of Appeal is given by the divisional court so hearing (k).

(h) 8 & 9 Vict. c. 68, s. 1; 9 & 10 Vict. c. 24, s. 4; 16 & 17 Vict. c. 32,

s. 1.

(i) 36 & 37 Vict. c. 66, ss. 18, 19, 47. As to 11 & 12 Vict. c. 78, v. p. 457. As to what is a criminal cause or matter, v. Blake v. Beech, L. R. 2 Ex. D. 335; R. v. Steel, L. R. 2 Q. B. D. 37; 46 L. J. (M.C.) 1; R. v. Fletcher, L. R. 2 Q. B. D. 43; 46 L. J. (M.C.) 4; Mellor v. Denham, L. R. 5 Q. B. D. 467.

(k) 36 & 37 Vict. c. 66, s. 45.

COURT FOR CROWN CASES RESERVED.

reserved.

If any question of law arises at a trial for treason, Crown cases felony, or misdemeanor, which the court (whether a judge at the assizes, the justices or recorder at the quarter sessions) deems it inexpedient or impracticable to decide at once and of itself, it reserves the point for the consideration of the Court for Crown Cases Reserved; provided, of course, a conviction takes place, for otherwise there would be no need for further consideration (1). Such court consists of the judges of the High Court of Justice, or five of them at least, of whom the Lord Chief Justice of England, the Lord Chief Justice of the Common Pleas Division, or the Lord Chief Baron, must be one (m).

The court reserving the point may respite execution Interval before of the judgment on such conviction, or postpone the decision. judgment until the question is decided. And in either case, to secure the appearance of the defendant when he is required, the court will, in its discretion, either commit him to prison or take a recognizance of bail with one or two sureties (n).

the Court for

The Court for Crown Cases Reserved hears counsel Proceedings in on either side, even though counsel do not appear on Crown Cases the other side. If they appear on both sides, the Reserved. counsel for the prisoner begins and has a reply. If counsel do not appear at all, the Lord Chief Justice or Lord Chief Baron presiding reads the case and then judgment is pronounced. The judgment is that the court reverses, affirms, or amends the judgment of the court reserving the point; or avoids such judgment and orders an entry to be made on the record that, in the opinion of the Court for Crown Cases Reserved, the

() 11 & 12 Vict. c. 78, s. 1.

(m) Ibid. s. 3; 36 & 37 Vict. c. 66, s. 47.
(n) Ibid. s. 1.

No appeal.

party convicted ought not to have been convicted; or orders judgment to be given at some other assizes or sessions if no judgment has been given up to that time; or makes such other order as justice requires. The order of the court, whether for execution of judgment or discharge of the prisoner, is carried out by the sheriff or gaoler in whose custody the person convicted is; to whom a certificate of such order is transmitted by the clerk of the assize, or of the peace (o). The court may send the case back for amendment; and after that has been effected, judgment will be delivered (p).

The determination of any such question in the manner indicated above is final and without appeal (7).

(0) 11 & 12 Vict. c. 78, s. 2.

(p) Ibid. s. 4.

(4) 36 & 37 Vict. c. 66, s. 47.

CHAPTER XXIII.

REPRIEVE AND PARDON.

A REPRIEVE (reprendre) is the withdrawing of a sentence Reprieve: for an interval of time; whereby the execution of a criminal is suspended (r).

Reprieves may be granted either:—

1. By the Crown (ex mandato regis) at its discretion; by Crown; its pleasure being signified to the court by which execution is to be awarded.

ii. By the court empowered to award execution, either by court. before or after verdict (ex arbitrio judicis). Generally it must be guided by its own discretion, as to whether substantial justice requires it, as for example, when it is not satisfied with the verdict. But in two cases the court is bound to grant a reprieve. When a woman sentenced to death is ascertained to be pregnant. To discover whether she is quick with child a jury of twelve matrons is empanelled. If so found, she is reprieved until either she is delivered or proved by the course of nature not to have been with child at all. But after she has been once delivered, she cannot be reprieved on this ground a second time. (b.) When the prisoner becomes insane after judgment. We have already seen that the occurrence of insanity in the prisoner is a stay to proceedings at any stage.

Pardon. The exercise of the prerogative of pardon- Pardon.

() 4 Bl. 394.