Juvenile Offenders (Ireland) Act 1848
| Jurisdiction | UK Non-devolved |
| Citation | 1848 c. 59 |
| Year | 1848 |
(11 & 12 Vict.) C A P. LIX.
[14th August 1848]
'WHEREAS, in order in certain Cases to ensure the more speedy Trial of Juvenile Offenders inIreland, 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 inIreland, 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 herein-after 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 to inflict the said Punishment of whipping, when so ordered to be inflicted out of Prison: Provided always, that if such Justices,upon 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 Personcharged shall have made his or her Defence, that the Charge is from any Circumstance a fit Subject for Prosecution by Indictment, or if the Parent or next Friend of the Person charged shall, upon his or her 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 Justices may determine Cases under this Act.
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 One or more Divisional Justice or Justices ofDublin Metropolis, sitting at any Divisional Police Office within such Police District, shall and may, within his or their 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 to bar 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...
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