the above offences which they have jurisdiction to try; but the payment to one person must not exceed £5 (x). If any one is killed in endeavouring to apprehend a person charged with one of these.offences, the Court may order compensation to be paid to the family (y). The amount to be paid in all such cases is subject to regulations which may be made from time to time by the Secretary of State (z). (x) 14 & 15 Vict. c. 55, s. 8. CHAPTER III. PROCEEDINGS BEFORE THE MAGISTRATE. WHEN an arrest has been made the accused must be taken before a magistrate or magistrates as soon as possible. The magistrate is bound to forthwith examine into the circumstances of the charge. In order to secure the attendance of witnesses to the fact, they may, if necessary, be served with a summons or warrant. If a witness refuses to be examined, he is liable to imprisonment for seven days (a). The room in which the examination is held is not to be deemed an open Court; and the magistrate may exclude any person if he thinks fit (b). When the witnesses are in attendance, the magistrate takes, in the presence of the accused (who is at liberty by himself or his counsel to put questions to any witness produced against him), the statement on oath or affirmation of those who know the facts of the case, and the magistrate's clerk puts the same in writing. These statements (technically termed depositions) are then read over to and signed respectively by the witnesses. who have been examined and by the magistrate taking such statements (c). If the person called to give evidence object to be sworn, and state as the ground of such objection either that he has no religious belief or that the taking of an oath is contrary to his religious belief, he may be permitted to make a solemn affirmation instead of taking an oath (d). (a) 11 & 12 Vict. c. 42 (The Indictable Offences Act, 1848), s. 16. As this is the chief Act dealing with the subject of this chapter, reference merely to a section must be understood of that statute. (b) s. 19. But the contrary is the case where magistrates deal with matters falling within their summary jurisdiction, v. 11 & 12 Vict. c. 43, s. 12. (c) s. 17. (d) 51 & 52 Vict. c. 46, s. 1 Children, as will be seen later, may give evidence not upon oath (e). The depositions, having been completed, are read over in the presence of the accused, and the magistrate asks him. if he wishes to say anything in answer to the charge, cautioning him that he is not obliged to say anything, but that whatever he does say will be taken down in writing, and may be used in evidence against him at his trial; at the same time explaining that he has nothing to hope from any promise and nothing to fear from any threat which may have been held out to him to induce him to make any confession of guilt. Whatever the accused then says is taken down in writing, and signed by the magistrate, and may be read at the trial without further proof (f). The right which the defendant has to make an unsworn statement of this kind is not in any way affected by the Criminal Evidence Act, 1898 (g), and he may either make such a statement or give sworn evidence on his own behalf like any other witness (h). The accused is then asked whether he desires to call any other witnesses, and if he does, their evidence is taken. Their depositions, in the same way as those on the part of the prosecution, are read to and signed by the witnesses and by the magistrate, and the witnesses on both sides (other than those merely to character) are bound by recognisance to give evidence, at the trial (i). If a witness refuses to enter into such recognisances, he may be committed to prison until the trial. The recognisances, depositions, &c., are transmitted to the Court in which the trial is to take place (k). If the investigation before the magistrate cannot be completed at a single hearing, he may from time to time remand the accused to gaol for any period not exceeding eight days, unless the person remanded and the prosecutor (e) Post, p. 369. (f) s. 18. (g) 61 & 62 Vict. c. 36, s. 1. (h) As to the defendant giving evidence see p. 365, et seq. consent to a longer remand, or may allow him his liberty in the interval upon his entering into recognisances, with or without sureties, for reappearance (1). If, when all the evidence against the accused has been heard, the magistrate does not think that it is sufficient to put the accused on his trial for an indictable offence, he is forthwith discharged. But if he thinks otherwise, or the evidence raises a strong or probable presumption against the accused, he commits him for trial, either at once sending him to gaol so as to be forthcoming for trial, or admitting him to bail (m). Under certain circumstances a third course is open to the magistrate; he may dispose of the case and punish the offender himself (n). It will be noticed that there are two forms of commitment to prison: (a) for safe custody; (b) in execution, either as an original punishment, or as a means of enforcing payment of a pecuniary fine, or of enforcing obedience to the sentence or order of a magistrate or the sessions. The warrant of commitment, under the hand and seal of the committing magistrate, directed to the gaoler, contains a concise statement of the cause of commitment. By the Habeas Corpus Act (o) the gaoler is required, under heavy penalties, to deliver to the prisoner, or other person on his behalf, a copy of the warrant of commitment or detainer within six hours after demand. The imprisonment of which we are now speaking is merely for safe custody and not for punishment; therefore, those so imprisoned are treated with much less rigour than those who have been convicted. Thus, they may have sent to them food, clothing, &c., subject to examination and the rules made by the visiting magistrates. They have the option of employment, but are not compelled to perform any hard labour; and if they choose to be employed, and are acquitted, or no bill is found against them, an allowance is paid for the work (p). (1) s. 21; 4 & 5 Geo. V. c. 58, s. 20, sub-s. 2. (n) v. p. 454, et seq. (0) 31 Car. II. c. 2, s. 5. (p) 28 & 29 Vict. c. 126, ss. 20, 32, 33. BAIL. The admitting to bail consists, in theory, in the delivery (or bailment) of a person to his sureties, on their giving security (he also entering into his own recognisances) for his appearance at the time and place of trial, there to surrender to take his trial. In the meantime, he is allowed to be at large; being supposed to remain in their friendly custody. But a justice may dispense with sureties and release the accused person on his own recognisances, if in the opinion of the magistrate this course will not tend to defeat the ends of justice (q). A magistrate may not admit to bail a person accused of treason. In that case it is allowed only by order of a Secretary of State, or by the King's Bench Division, or a Judge thereof in vacation (r). If the prisoner is charged with some other felony, or one of the misdemeanours enumerated below, or an attempt to commit a felony, the magistrate may, in his discretion, but is not obliged to, admit to bail. The misdemeanours above mentioned are: Obtaining, or attempting to obtain, property by false pretences; receiving property, stolen or obtained by false pretences; perjury or subornation of perjury; concealing the birth of a child by secret burying or otherwise; wilful or indecent exposure of the person; riot; assault in pursuance of a conspiracy to raise wages; assault upon a peace officer in the execution of his duty or upon any person acting in his aid; neglect or breach of duty as a peace officer, or any misdemeanour for the prosecution of which the costs may be allowed out of the county rate. In other misdemeanours it is imperative on the magistrate to admit to bail (s). Where a Court of summary jurisdiction commits for trial a person charged with any misdemeanour and does not admit him to bail, the Court must inform the person accused of his right to apply for bail to a Judge of the High Court (t). (q) 61 & 62 Vict. c. 7. (7) 11 & 12 Vict. c. 42, s. 23; 36 & 37 Vict. c. 66, ss. 16, 34; 38 & 39 Vict. c. 77, s. 19. (s) s. 23. (t) 4 & 5 Geo. V. c. 58, s. 23 |