(No. 1.) ADMINISTRATION OF JUSTICE. 11 & 12 VICTORIÆ, C. XLII. An Act to facilitate the performance of 11&12 Vict. c. 42. the duties of Justices of the Peace out of Sessions within England and Wales, with respect to persons charged with Indictable offences. [14th August, 1848.] W HEREAS it would conduce much to the improvement of the Administration of Criminal Justice within England and Wales if the several Statutes and parts of Statutes relating to the duties of Her Majesty's Justices of the Peace therein with respect to persons charged with Indictable Offences were consolidated, with such additions and alterations as may be deemed necessary, and that such duties should be clearly defined by positive enactment: Be it therefore declared and enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That in all cases For what offences where a charge or complaint (A.) shall be made a Justice of the before any one or more of Her Majesty's Justices a warrant or of the Peace for any county, riding, division, summons to liberty, city, borough, or place within England or charged thereWales, that any person has committed, or is with to be suspected to have committed, any treason, felony, him. or indictable misdemeanor, or other indictable offence whatsoever, within the limits of the jurisdiction of such Justice or Justices of the Peace, Peace may grant cause a person brought before In what cases the party may be summoned in stead of issuing a warrant in the first instance. 11&12 Vict.c.42. or that any person guilty, or suspected to be guilty, of having committed any such crime or offence elsewhere out of the jurisdiction of such Justice or Justices is residing or being, or is suspected to reside or be within the limits of the jurisdiction of such Justice or Justices, then and in every such case, if the person so charged or complained against shall not then be in custody, it shall be lawful for such 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, riding, division, liberty, city, borough, or place, to answer to such charge or complaint, and to be further dealt with according to law: Provided always, that in all cases it shall be lawful for such Justice or Justices to whom such charge or complaint 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, riding, division, liberty, city, borough, or place as may then be there, and if after being served with such summons in 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, riding, division, liberty, city, borough, or place, 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, riding, division, liberty, city, borough, or place, to answer to the said charge or complaint, and to be further dealt with according to law: Provided nevertheless, If the summons be not obeyed then a warrant may be issued. that nothing herein contained shall prevent any Justice or Justices of the Peace from issuing the warrant herein before first mentioned at any time before or after the time mentioned in such summons for the appearance of the said accused party. The summons or warrant mentioned in this section may issue against any person against whom a charge or complaint is made that he has committed or is suspected to have committed any treason, felony, or indictable misdemeanor, or other indictable offence whatsoever. It is difficult to understand the legal value of the word "suspected." If it has any definite meaning to contradistinguish it from a direct charge that a party has committed an offence, it must be that there are no actual facts against him showing him to be criminal, but that a suspicion is entertained of his guilt, a most vague and unsatisfactory state of things upon which to call upon a Magistrate to act. It is apprehended, however, that unless probable facts are stated, no Justice will consent to issue a summons, much less a warrant, and most assuredly, not commit a party to take his trial. This section also empowers a justice to issue his warrant in the first instance in every case of an indictable offence, but it requires a charge or complaint to be first made. Nothing, however, is said in this clause as to when the complaint need be in writing and upon oath. The 8th section, however, enacts that in all cases where a charge or complaint shall be made, and it is intended to issue a warrant in the first instance, the information must be in writing and upon oath; but that in all cases where it is intended to issue a summons instead of a warrant in the first instance, it shall not be necessary that the information or complaint should be in writing or sworn to; but that in every such case it may be by parol merely (see sect. 8 post.) It may, however, here be properly remarked, that although the Act does not require the complaint where a summons only is to issue, to be in writing or upon oath, it is quite in the discretion of the justices to take it both in writing and upon oath, and many cases will suggest themselves in which it will be prudent for them so to take it. It will be seen that by the proviso at the end of this section, power is given to the justices to issue a warrant before the return of the summons, should they think it desirable to do so. It would be necessary, however, that where a warrant thus issues, a complaint should be taken in writing and upon oath.-Saunders. 11 & 12 Vict. c. 42. 11 & 12 Vict. c. 42. Warrant to apprehend for offences commit Seas or abroad. 2. And be it enacted, That in all cases of indictable crimes or offences of any kind or nature whatsoever committed on the high seas, or in any ted on the High creek, harbour, haven, or other place in which the Admiralty of England have, or claim to have, jurisdiction, and in all cases of crimes or offences committed on land beyond the seas, for which an indictment may legally be preferred in any place within England or Wales, it shall be lawful for any one or more of Her Majesty's Justices of the Peace for any county, riding, division, liberty, city, borough, or place within England or Wales in which any person charged with having committed or with being suspected to have committed any such crime or offence shall reside or be, or shall be supposed or suspected to reside or be, to issue his or their warrant (E.) to apprehend the person so charged, and to cause him to be brought before him or them, or some other Justice or Justices of the Peace for the same county, riding, division, liberty, city, borough, or place, to answer to the said charges, and to be further dealt with according to law. Warrant to ap against whom an indictment is found. 3. And be it enacted, That where any indictprehend a party ment shall be found by the Grand Jury in any Court of Oyer and Terminer or General Gaol Delivery, or in any Court of General or Quarter Sessions of the Peace, against any person who shall then be at large, and whether such person shall have been bound by any recognizance to appear to answer to the same or not, the person who shall act as Clerk of the Indictments at such Court of Oyer and Terminer or Gaol Delivery, or as Clerk of the Peace at such Sessions, at which the said indictment shall be found, shall at any time afterwards, after the end of the Sessions of Oyer and Terminer or Gaol Delivery or Sessions of the Peace at which such indictment shall have been found, upon application of the prosecutor, or of any person on his behalf, and on payment of a fee of one shilling, if such person shall not have already appeared and pleaded to such indictment, grant unto such prosecutor |