Juvenile Offenders Act 1847
|Publication Date:||January 01, 1847|
(10 & 11 Vict.) C A P. LXXXII.
[22d July 1847]
'WHEREAS, in order in certain Cases to ensure the more speedy Trial of Juvenile Offenders, and to avoid the Evils of their long Imprisonment previously to Trial, it is expedient to allow of such Offenders being proceeded against in a more summary Manner than is now by Law provided, and to give further Power to bail them:' Be it 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 every Personwho shall, subsequently to the passing of this Act, be charged with having committed or having attempted to commit, or with having been an Aider, Abettor, Counsellor, or Procurer in the Commission of any Offence which now is or hereafter shall or may be by Law deemed or declared to be Simple Larceny, or punishable as Simple Larceny, and whose Age at the Period of the Commission or attempted Commission of such Offence shall not, in the Opinion of the Justices before whom he or she shall be brought or appear as hereinafter mentioned, exceed the Age of Fourteen Years, shall, upon Conviction thereof, upon his own Confession or upon Proof, before any Two or more Justices of the Peace for any County, Riding, Division, Borough, Liberty, or Place in Petty Sessions assembled, at the usual Place, and in open Court, be committed to the Common Gaol or House of Correction within the Jurisdiction of such Justices, there to be imprisoned, with or without hard Labour, for any Term not exceeding Three Calendar Months, or, in the Discretion of such Justices, shall forfeit and pay such Sum, not exceeding Three Pounds, as the said Justices shall adjudge, or, if a Male, shall be once privately whipped, either instead of or in addition to such Imprisonment, or Imprisonment with hard Labour; and the said Justices shall from Time to Time appoint some fit and proper Person, being a Constable, to inflict the said Punishment of Whipping when so ordered to be inflicted out of Prison: Provided always, that if such Justicesupon the Hearing of any such Case shall deem the Offence not to be proved, or that it is not expedient to inflict any Punishment, they shall dismiss the Party charged, on finding Surety or Sureties for his future good Behaviour, or without such Sureties, and then make out and deliver to the Party charged a Certificate under the Hands of such Justices stating the Fact of such Dismissal, and such Certificate shall and may be in the Form or to the Effect set forth in the Schedule hereto annexed in that Behalf: Provided also, that if such Justices shall be of opinion, before the Person charged shall have made his or her Defence, that the Charge is from any Circumstance a fit Subject for Prosecution by Indictment, or if the Person charged shall, upon being called upon to answer the Charge, object to the Case being summarily disposed of under the Provisions of this Act, such Justices shall, instead of summarily adjudicating thereupon, deal with the Case in all respects as if this Act had not been passed.
II Power to Justices to hear and determine.
II. And be it enacted, That any Two or more Justices of the Peace for any County, Riding, Division, Borough, Liberty, or Place in Petty Sessions assembled, and in open Court, before whom any such Person as aforesaid charged with any Offence made punishable under this Act shall be brought or appear, are hereby authorized to hear and determine the Case under the Provisions of this Act: Providedalways, that any Magistrate of the Police Courts of the Metropolis sitting at any such Police Court, and any Stipendiary Magistrate sitting in open Court, having by Law the Power to do Acts usually required to be done by Two or more Justices of the Peace, shall and may within their respective Jurisdictions hear and determine every Charge under this Act, and exercise all the Powers herein contained, in like Manner and as fully and effectually as Two or more Justices of the Peace in Petty Sessions assembled as aforesaid can or may do by virtue of the Provisions in this Act contained.
III Proceedings under this Act a Bar to further Proceedings.
III. And be it enacted, That every Person who shall have obtained such Certificate of Dismissal as aforesaid, and every Person who shall have been convicted under the Authority of this Act, shall be released from all further or other Proceedings for the same Cause.
IV Mode of compelling the Appearance of Persons punishable on summary Conviction.
IV. And for the more effectual Prosecution of Offences punishable upon summary Conviction by virtue of this Act, be it enacted, That where any Person whose Age is alleged not to exceed Fourteen Years shall be charged with any such Offence on the Oath of a credible Witness before any Justice of the Peace, such Justice may issue his Summons or Warrant to summon or to apprehend the Person so charged to appear before any Two Justices of the Peace in Petty Sessions assembled as aforesaid at a Time and Place to be named in such Summons or Warrant.
V Power to One Justice to remand and take Bail.
V. And be it enacted, That any Justice or Justices of the Peace, if he or they shall think fit, may remand for further Examination or for Trial, or suffer to go at large upon his or her finding sufficient Surety or Sureties, any such Person as aforesaid charged before him or them with any such Offence as aforesaid; and every such Surety shall be bound by Recognizance to be conditioned for the Appearance of such Person before the same or some other Justice or Justices of the Peace for further Examination,or for Trial before Two or more Justices of the Peace in Petty Sessions assembled as aforesaid, or for Trial at some Superior Court, as the Case may be; and every such Recognizance may be enlarged from Time to Time by any such Justice or Justices to such further Time as he or they shall appoint; and every such Recognizance which shall not be enlarged shall be discharged without Fee or Reward, when the Party shall have appeared according to the Condition thereof.
VI Application of Fines.
VI. And be it enacted, That every Fine imposed by any Justices under the Authority of this Act shall be paid to the Clerk to the convicting Justices, and shall be by him paid over to the Use of the general County Rate, or Rate in the Nature of a general County Rate, for the County, Riding, Division, Borough, Liberty, Franchise, City, Town, or Place in which the Offence in respect of which such Fine shall be imposed may have been committed.
VII As to the summoning and Attendance of Witnesses.
VII. And be it enacted, That it shall be lawful for any Justice of the Peace by Summons to require the Attendance of any Person as a Witness upon the Hearing of any Case before Two...
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