Criminal Law (Ireland) Act 1828
| Jurisdiction | UK Non-devolved |
| Citation | 1828 c. 54 |
| Year | 1828 |
(9 Geo. 4) C A P. LIV.
[15th July 1828]
'WHEREAS it is expedient, with a View to improve the Administration of Justice in Criminal Cases inIreland , to define under what Circumstances Persons may be admitted to Bail in Cases of Felony; and to make better Provisions for taking Examinations, Informations, Bailments, and Recognizances, and returning the same to the proper Tribunals; and to relax in some Instances the technical Strictness of Criminal Proceedings, so as to ensure the Punishment of the Guilty without depriving the Accused of any just Means of Defence; and to abolish the Benefit of Clergy and some Matters of Form which impede the due Administration of Justice; and to make better Provisions for the Punishment of Offenders in certain Cases:' Be it therefore enacted by the King'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 where any Personshall be taken on a Charge of Felony, or Suspicion of Felony, before One or more Justice or Justices of the Peace, and the Charge shall be supported by positive and credible Evidence of the Fact, or by such Evidence as if not explained or contradicted shall, in the Opinion of the Justice or Justices, raise a strong Presumption of the Guilt of the Person charged, such Person shall be committed to Prison by such Justice or Justices in the Manner hereinafter mentioned; but if there shall be only One Justice present, and the whole Evidence given before him shall be such as neither to raise a strong Presumption of Guilt, nor to warrant the Dismissal of the Charge, such Justice shall order the Person charged to be detained in Custody, and such Person shall be taken before Two Justices at the least; and where any Person so taken, or any Person in the first Instance taken before Two Justices of the Peace, shall be charged with Felony, or on Suspicion of Felony, and the Evidence given in support of the Charge shall, in the Opinion of such Justices, not be such as to raise a strong Presumption of the Guilt of the Person charged, and to require the Committal of such Person, or such Evidence shall be adduced on behalf of the Person charged as shall, in the Opinion of such Justices, weaken the Presumption of Guilt, but there shall, notwithstanding, appear to such Justices, in either of such Cases, to be sufficient Ground for judicial Enquiry into the Guilt of the Person charged, such Person shall be admitted to Bail by such Two Justicesin the Manner hereinafter mentioned: Provided always, that nothing herein contained shall be construed to require any such Justice or Justices to hear Evidence on behalf of any Person so charged as aforesaid, unless it shall appear to such Justice or Justices to be meet and conducive to the Ends of Justice to hear the same.
II Before any Person charged with Felony, &c. shall be bailed or committed, the Justices shall take down the Examination, &c. and bind Witnesses to appear.
II. And be it enacted, That Two Justices of the Peace, before they shall admit to Bail, and One or more Justice or Justices, before he or they shall commit to Prison, any Person arrested for Felony or on Suspicion of Felony, shall take the Examination of such Person, and the Information upon Oath of those who shall know the Facts and Circumstances of the Case, and shall put the same, or as much thereof as shall be material, into Writing, and the Two Justices admitting to Rail shall certify the Bailment in Writing; and every such Justice shall have Authority to summon any Person within his Jurisdiction, whom he shall have reason to consider capable of giving material Evidence concerning any such Felony or Suspicion of Felony, and to examine such Person on Oath touching the same, and to bind by Recognizance all such Persons as know or declare any thing material touching any such Felony, or Suspicion of Felony, to appear at the next Court of Oyer and Terminer or Gaol Delivery, or other Court at which the Trial of such Offence is intended to be had, then and there to prosecute and give Evidenceagainst the Party accused; and such Justices and Justice respectively shall subscribe all such Examinations, Informations, Bailments, and Recognizances, and deliver or cause to be delivered the same to the proper Officer of the Court in which the Trial is to be, before or at the opening of the Court; and in case any Person so summoned shall refuse to submit to such Examination or to enter into such Recognizance, it shall be lawful for the Justice or Justices to commit such Person to the public Gaol of the County, City, or Town, until such Person shall submit to such Examination, or shall enter into such Recognizance, or be discharged by due Course of Law; provided that no such Examination shall subject the Partyexamined to any Prosecution or Penalty, or be given in Evidence against such Party, save on any Indictment for having committed wilful and corrupt Perjury in such Examination.
III Examination not to be Evidence against the Party, except as to Perjury.
III. And be it further enacted, That every Justice of the Peace before whom any Person shall be taken on a Charge of Misdemeanor, or Suspicion thereof, shall take the Examination of the Person charged, and the Information upon Oath of those who shall know the Facts and Circumstances of the Case, and shall put the same, or as much thereof as shall be material, into Writing, before he shall commit to Prison or require Bail from the Person so charged; and in every Case of Bailment shall certify the Bailment in Writing; and shall have Authority to bind all Persons by Recognizanceto appear to prosecute or give Evidence against the Party accused, in like Manner as in Cases of Felony; and shall subscribe all Examinations, Informations, Bailments, and Recognizances, and deliver or cause to be delivered the same to the proper Officer of the Court in which the Trial is to be, before or at the opening of the Court, in like Manner as in Cases of Felony.
IV Duty and Power of Coroner on Inquests whereon Parties are indictable for Murder.
IV. And be it further enacted, That every Coroner, upon any Inquisition taken before him, whereby any Person shall be indicted for Manslaughter or Murder, or as an Accessory to Murder before the Fact, shall put in Writing the Evidence given to the Jury before him, or as much thereof as shall be material; and shall have Authority to bind by Recognizance all such Persons as know or declare any thing material touching the said Manslaughter or Murder, or the said Offence of being accessory to Murder, to appear at the next Court of Oyer and Terminer or Gaol Delivery, or other Court at which the Trial is to be, then and there to prosecute or give Evidence against the Party charged; and every such Coroner shall certify and subscribe the same Evidence, and all such Recognizances; and also the Inquisition before him taken, and shall deliver the same to the proper Officer of the Court in which the Trial is to be, before or at the opening of the Court.
V Courts may fine Justices and Coroners for Neglect, &c.
V. And be it further enacted, That if any Justice or Coroner shall neglect or offend in any thing contrary to the true Intent and Meaning of any of the Provisions of this Act, it shall be lawful for the Court to whose Officer any such Examination, Information, Evidence, Bailment, Recognizance, or Inquisition ought to have been delivered, and such Court is hereby authorized and required, upon Examination and Proof of the Offence, in a summary Manner to set such Fine upon every such Justice or Coroner as the Court shall think meet.
VI Provisions to apply to all Justices and Coroners.
VI. And be it further enacted, That the Provisions of this Act relating to Justices and Coroners shall apply to the Justices and Coroners not only of Counties at large, but also of all other Jurisdictions.
VII Plea of Not guilty, without more, shall put the Prisoner on his Trial by Jury.
VII. And be it enacted, That whenever any Person, not having Privilege of Peerage, being arraigned upon any Indictment for Treason, Felony, or Piracy, shall plead thereto a Plea of Not guilty, such Person shall, by such Plea, without any further Form, be deemed to have put himself or herself upon the Country for Trial, and the Court shall, in the usual Manner, order a Jury for the Trial of such Person accordingly.
VIII If Prisoner refuse to plead, Court may order Plea of Not guilty to be entered.
VIII. And be it enacted, That if any Person, being arraigned upon or charged with any Indictment or Information for Treason, Felony, Piracy, or Misdemeanor, shall stand mute of Malice, or will not answer directly to the Indictment or Information, in every such Case it shall be lawful for the Court, if it shall so think fit, to order the proper Officer to enter a Plea of Not guilty on behalf of such Person; and the Plea so entered shall have the same Force and Effect as if such Person had actually pleaded the same.
IX The King shall only challenge for Cause certain.
IX. And be it further enacted, That in all Inquests to be taken before any of the Courts inIreland...
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