CONTENTS. ADMINISTRATION OF JUSTICE ACT-No. I. 11 & 12 VICT., c. 42. An Act to facilitate the Performance of 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.] Sect. Page. 1. For what offence a justice of the peace may grant a warrant or summons to cause a person charged therewith to be brought before him. In what cases the party may be summoned instead of issuing a warrant in the first instance. If the summons be not obeyed, then a warrant may be issued 15, 16 2. Warrant to apprehend for offences committed on the high seas or abroad 3. Warrant to apprehend a party against whom an indictment is found. If person indicted be already in prison for some other offence, justice may order him to be detained until removed by writ of habeas 18 18 20 4. Power to justices to issue warrants on Sundays. 5. Justices for adjoining counties, &c., may act as such for one county, &c., while residing in another. All acts of justice, &c., to be valid. Constables, &c., apprehending offenders in one such county, &c., may take them before such justice in the adjoining county, &c., if he act as a justice in both, 20 6. Justices for a county, &c., may act for it in an adjoining city or place of exclusive jurisdiction. Not to give power to Act, &c., in any matters, &c., arising within the same.... 7. For removal of doubts as to powers given to justices, &c., in detached parts of counties under 2 & 3 Vict. c. 82 21 21 8. When charge, &c. is made, if a warrant is to be issued, information, &c. on oath to be laid before justices. If summons to be issued instead, information, &c. not necessary to be on oath. No. objection allowed for alleged defect in form. 22 Sect. Page. 9. Upon complaint being laid, justices receiving the same may issue summons or warrant for appearance of person charged. How summons to be served. If party summoned do not attend, justice may issue a warrant to compel attendance. No objection allowed for alleged defect in form, &c... 10. Warrant to apprehend parties to be under the hand and seal 11. Regulations as to the backing of warrants. Proviso. 13. English warrants may be backed in the Isles of Man, Guern- 14. English or Irish warrants may be backed in Scotland. Warrants so endorsed to be valid 15. Scotch warrants may be backed in England or Ireland. Warrants so indorsed to be valid 23 24 25 225 27 27 28 29 30 31 16. Power to justices to summon witnesses to attend and give 19. Place where examination taken not to be deemed an open by recognizance. Recognizance, depositions, &c., to be 21. Power to justice to remand the accused from time to time, 35 36 37 39 22. If a person be apprehended in one country on charge of an offence committed in another, he may be examined in the former; and if evidence be deemed safficient may be committed to prison. If insufficient, to be brought before some justice in the latter county. As to the payment of expenses of conveying the accused into the proper county, &c. . 40 Sect. 23. Power to justice to admit to bail persons charged with felony and certain misdemeanors. Justice may admit to bail in the like cases after commitment for trial. Justice may admit to bail persons charged with other misdemeanors. Certain recognizance to be transmitted to committing justices. No bail in cases of treason but by order of Secretary of State, &c. Were defendant entitled to traverse 24. When justice admits a person to bail after commitment a writ of deliverance shall be sent to him if not detained for any other defence.. 25. If, after hearing evidence against the accused, it is not thought sufficient to warrant commitment he shall be discharged; but if evidence considered sufficient, justice shall, by warrant, commit the accused for trial. 26. Regulations for conveying prisoner to gaol. of costs conveying prisoners to prison As to payment 27. After examinations are completed, defendant entitled to copies of the depositions 28. Forms in Schedule deemed valid Nothing to affect powers, 29. Metropolitan police magistrates and stipendiary magistrates 30. The Lord Mayor or any Alderman of London may act alone. 32. Act to extend to Berwick-upon-Tweed, but not to Scotland, Ireland, &c., except as to backing of warrants 33. Commencement of Act.. 34. After commencement of this Act the following Acts and parts of Acts repealed, 13 Gǝo. 3, c. 31; 28 Geo. 3, c. 49; 44 Geo. 3, c. 92; 45 Geo. 3, c. 92; 54 Gǝo. 3, c. 186; 1 & 2 Geo. 4, c. 63; 3 Geo. 4, c. 46; 7 Geo. 4, c. 38; 7 Geo. 4, c. 64; 5 & 6 Will. 4, c. 33; 6 and 7 Will. 4, c. 114 35. Act may be amended, &c. Page. 43 46 46 48 49 49 50 94 51 51 51 51 54 SCHEDULE. Sched. (A.) (B.) Information and complaint for an indictable offence.... 54 (C.) (D.) Summons to a person charged with an indictable offenee. 55 (E.) (F.) Warrant to apprehend a person charged with an indicta- (G.) Warrant to apprehend a person indicted (H.) Warrant of commitment of a person indicted (I.) Warrant to detain a person indicted who is already in Sched. Pgae. Summons of a witness (L. 2.) (L. 3.) Indorsement in backing a warrant Warrant where a witness has not obeyed a summons 60 58 59 60 (L. 4.) Warrant of commitment of a witness for refusing to be sworn or to give evidence 61 3332 62 62 (O. 2.) Notice of the said recognizance to be given to the prose cutor and his witnesses 64 (P. 1.) Commitment of witness for refusing to enter into the recognizance (P. 2.) Subsequent order to discharge the witness (Q. 1.) Warrant remanding a prisoner (Q. 2.) Recognizance of bail instead of remand, on an adjournment of examination 67 (Q. 3.) Notice of such recognizance to be given to the accused and his securities 67 (Q. 4.) Certificate of nonappearance to be endorsed on the recognizance Warrant to convey the accused before a justice of the (S. 2.) Notice of the said recognizance to be given to the accused and his bail (S. 3.) Certificate of consent to bail by the committing justice (S. 4.) The like on a separate paper (S. 5.) Warrant of deliverance on bail being given for a prisoner 72 (T. 1.) Warrant of commitment 72 68 (T. 2.) Gaoler's receipt to the constable for the prisoner, and 73 11 & 12 VICT. c. 43. An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales, with respect to Summary Convictions and Orders.-[14th August, 1848.] Sect, 1. In all cases where information shall be laid or complaint made of offences committed, justices may issue summons to persons to answer the same. How summons to be served. Justices not obliged to issue summonses in certain cases. No objection allowed for want of form 2. If summons be not obeyed, justices may issue warrant; or may issue warrant in the first instance; or if summons, having been duly served, be not obeyed, the justices may proceed ex parte. 3. Form of warrant. Where and how warrant may be executed. Certain provisions of 5 Geo. 4, c. 18, as to backing of warrants to extend to warrants issued under this Act. No objection allowed for want of form in the warrant, or for any variance between it and evidence adduced; but if the party charged is deceived by the variation, he may be committed or discharged upon recognizance; but if he fail to re-appear, the justice may transmit the recognizance to the clerk of the peace 4. Description of the property of partners, &c.; of the property of counties; of the property in goods provided for the poor; of the property in materials for parish roads; of the property in materials for turnpike roads, &c.; of the property of commissioners of sewers. Page. 75 77 80 82 5. Prosecution and punishment of aiders and abettors, in the commission of offences.. 84 6. Provisions of 11 & 12 Vict. c. 42, as to justices in one county, &c., acting for another, to extend to this Act. 84 7. Power to justice to summon witnesses to attend and give 8. Complaints for an order need not be in writing |