TAKING THE INDICTABLE Justices to caution prisoner, and then take down his statement; but prosecutor may give any other statement also in evidence. the several depositions, and then take down in writing the statement (A c.) of such person (having first cautioned him that he is not obliged to say anything unless he desires to do so, but that whatever he does say will be taken down in writing, and may be given in evidence against him on his trial);* and whatever statement the said person shall then make in answer to the charge shall, when taken down in writing, be read over to him, and shall be signed by the said Justice or one of the Justices present, and shall be transmitted to the Clerk of the Crown or Peace, as the case may be, along with the depositions, and afterwards, upon the trial, may, if necessary, and if so signed, be given in evidence against the person accused, without further proof thereof, unless it shall be proved that it was not signed by the Justice purporting to sign the same; but nothing herein contained shall prevent the prosecutor from giving in evidence any admission or confession, or other statement made at any time by the person accused, and which would be admissible by law as evidence against such person: But if from the absence of any witnesses, or from any other reasonable cause, it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful for the Justice before whom the person accused shall appear or be brought, either to admit such person to bail in manner hereinafter provided, or by warrant (E b.) from time to time to remand such person to gaol for such time as the Justice shall deem expedient, not exceeding eight clear days; but any such Justice may order the said person to be brought before him or some other Justice of the county, at any time before the expiration of the after the ex- period for which he shall have been so remanded: Provided always, aminations, that at any time after the examinations in any proceedings for an indictable offence shall have been completed, and on or before the first day of the Assizes or Sessions or other first sitting of the Court at which any person committed to gaol or admitted to bail is to be Remanding prisoner. May be remanded for any time not exceeding eight days; but may be ordered up sooner. In cases of indictable offences &c., have been completed, de fendent entitled to copies of depositions. * Prisoner's Statement.-" On the examination of the prisoner before the committing Magistrates, upon the charge of felony, the Magistrates' Clerk told him not to say anything to prejudice himself, as what he said would be taken down 'and used for or against him at his trial.' (Coleridge, J.) Ruled that this was an inducement to the prisoner to make a confession, held out by a person in authority, and that the prisoner's statement, which had been taken down and signed, could not be received in evidence."-Drew's Case, 8 C. & P. 140. Where the committing Magistrates told the prisoner "to be sure to tell the truth," upon which the prisoner made a statement, it was held that such statement was admissible in evidence.-Courts' Case, 7 C. & P., 486; Littledale, J. The proper course is to follow the directions of the statute, and allow the prisoner to make his statement, and to take down in his own words what he says. But the Magistrates should be careful not to dissuade the prisoner from making his statement, for that would be shuttting up one of the sources of justice. In R. v. Arnold, 8 C. & P., 621, Lord Denman says:-" The frequent warnings given to prisoners not to say anything that may criminate themselves, render it necessary for me to set right a prevalent error on this subject. A prisoner is not to be entrapped into making a statement; but tried, such person may require and shall be entitled to receive from the officer or person having the custody* of the same, copies of the depositions on which he shall have been committed or bailed (or copies of any depositions taken at any inquest, in case of murder or manslaughter,) on payment of a reasonable sum for the same, not exceeding a sum at the rate of three halfpence for each folio of ninety words. 15. The manner in which the person accused shall be disposed of DISPOSAL OF when the evidence shall have been taken in proceedings for indict- THE able offences shall be subject to the following provisions: PRISONER.- When evi charge, or 1. Whenever the offence shall have been committed within the OFFENCES. jurisdiction of the Justice or Justices present, and he or they shall be of opinion that the evidence is not sufficient to put such dence has accused person on his trial, he or they shall forthwith order been comsuch accused person, if in custody, to be discharged as to the pleted Jusinformation then under inquiry; but if in the opinion of such tices to disJustice or Justices such evidence is sufficient to put such per- commit, or son on his trial, or if such evidence raises a strong or probable admit to bail. presumption of guilt, then such Justice or Justices shall either by warrant (E b.) commit him to gaol, to be there kept until his trial for the said offence, or shall admit him to bail in man ner hereinafter provided, according as he or they shall see fit: 2. Whenever any person shall appear or be brought before any Justice of Justice charged with an offence alleged to have been committed one county by him in any county or place in Ireland wherein such Justice as to offence shall not have jurisdiction, it shall be lawful for such Justice, committed and he is hereby required to examine such witnesses, and re- in another ceive such evidence in proof of such charge as shall be produced county, and before him within his jurisdiction; and if in his opinion such mit prisoner evidence shall be sufficient proof of the said charge, such Jus- or admit him tice shall thereupon, either by a like warrant (E b.) commit the to bail. person accused to the gaol of the county or place wherein the when the prisoner is willing to make a statement, it is the duty of the Magistrate to receive it; but Magistrates before they do so ought entirely to get rid of any impression made on the prisoner's mind, that the confession may be used for his own benefit, and the person ought also to be told that what he says will be taken, and may be used against him on his trial." With respect to statements made by persons to constables (without being cautioned) it may not perhaps be proper for the Magistrate to refuse such evidence. If the constable tender his evidence, the Magistrate may take it; its admissibility will be for the Court, on the trial. Although the Magistrate's Clerk may, if he think fit, give the copies, strictly speaking the Clerk of the Crown or Peace is the officer who has "custody" of the depositions. The authority in the above section to furnish copies of the depositions, and the fee to be charged, is similar to the provision in the Prisoner's Counsel Act, 6 & 7 Wm. IV., c. 114, s. 3. Prisoners remanded or committed for re-examination, are not entitled to have copies of the depositions.-Reg. v. the Lord Mayor of London; 1 Car., H. and A, 40. A Magistrate is not bound to give copy of an information to a person charged with felony with a view to bring an action against the person who made it.-Ex parte West v. Plumbtree, a Magistrate of Kent. 1865, Q. B., England. may examine either com Z If evidence but if evidence not sufficient, and party not bailed, offence shall be alleged to have been committed, or shall admit him to bail, according as such Justice shall see fit; but if in his opinion such evidence shall not be sufficient to put the accused party on his trial, then such Justice shall bind over the prosecutor, if he shall have appeared, and the witnesses, to give evidence when required so to do, and shall thereupon, by warrant (E c.) order such person to be taken before some Justice of the county in which and near the place where the offence is alleged to have been committed, and shall at the same time deliver to the person having the execution of such warrant the information, depositions, and recognizances, if any, so taken, to be delivered to the Justices before whom the accused person shall be taken in obedience to such warrant, and such information, depositions, and recognizances shall be treated to all intents as if they had been taken before such last-mentioned Justice: Provided always, that if such last-mentioned Justice shall not think the evidence against such accused party sufficient to put him on his trial, and shall discharge him without holding him to bail, any reformer recog- cognizance so taken by the said first-mentioned Justice shall be null nizance to be and void. void. BAILING PRISONER.INDICTABLE OFFENCES. Persons charged with certain felo nies and mis demeanors may be admitted to bail, at the discretion of the Justice, before commitment for trial. 1 & 2 Wm. iv. c. 44. 16. The admission to bail of persons charged with indictable offences shall be subject to the following provisions: 1. In every case where any person shall be charged before any Justice in manner aforesaid with any felony (save as hereinafter excepted), or with any assault with intent to commit any felony, or with any attempt to commit any felony, or with any offence against an Act of the first and second years of His late Majesty King William the Fourth, intituled An Act to amend an Act, passed in the Parliament of Ireland in the fifteenth and sixteenth years of the reign of His Majesty King George the Third, intituled 'An Act to prevent and punish tumultuous Risings of Per'sons within this Kingdom, and for other purposes therein mentioned,' or with obtaining or attempting to obtain property by false pretences, or with a misdemeanor in receiving property stolen or obtained by false pretences, or with perjury or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful and indecent exposure of the person, or with riot, or with assault in pursuance of a conspiracy to raise wages, or assault upon peace office in the execution of his duty, or upon any person acting in his aid, or with neglect or breach of duty as peace officer, or with any misdemeanor for the prosecution of which the costs may be allowed out of the county rate or funds, it shall be lawful either for the Justice before whom such charge shall be made, at any time before such person shall have been committed to gaol, or for the Justice by whom the warrant to commit shall have been signed, at any time afterwards, and before the first day of the sitting of the Court before which he shall have been committed to be tried, if (having regard to the nature of the charge, and the cogency of the evidence adduced in support of it,) it appears to him to be a case in which bail ought to be taken, to admit such accused person to bail by recognizance (C.) with one or more sufficient sureties, at the discretion of the Justice, condi PRISONER, In such cases tioned that he will appear at the time and place when and BAILING where he is to be tried, for such offence, and that he will then INDICTABLE surrender and take his trial, and not depart the Court without OFFENCES. leave; and whenever in any such case the accused person shall not be so admitted to bail, if the committing Justice shall be of opinion that he ought to be admitted to bail, he shall certify the commit(I c.) on the warrant of commitment his consent to his being ting Justice bailed, stating also the amount of bail which ought to be re- to certify on quired; and any Justice of the county attending or being at the gaol where such accused party shall be in custody, on pro duction of such certificate at any time before the first day of the sitting of the Court before which he shall have been committed to be tried, may admit such accused person to bail in manner as aforesaid. warrant his consent to bail; and any other Justice may admit to bail. Persons other misde bail at any 2. In every case where any person shall be charged before any Justice with any indictable misdemeanor other than those charged with herein before mentioned, such Justice, after taking the exami- meanors nations, instead of committing him to prison, shall, upon the shall be application of such person, (and upon being satisfied as to the admitted to sufficiency of the bail offered), admit him to bail in manner time as of aforesaid, or if he shall have been committed to gaol, and shall right. apply to any Justice for the same county to admit him to bail at any time before the first day of the sitting of the Court before which he shall have been committed to be tried, such Justice shall admit him to bail in manner aforesaid.* ties cannot attend, Jus certificate. And whenever it shall not be convenient for the surety or sureties When surein any case to attend at the gaol to join with the accused person in the recognizance of bail, then the committing Justice, or the Justice tice to give a by whom such person can be admitted to bail, as the case may be, duplicate shall make a duplicate of such certificate (I c.) as aforesaid, and upon the same being produced to any Justice for the same county, it shall be lawful for such last-mentioned Justice, before such time as aforesaid, to take such recognizance of the surety or sureties in conformity with such certificate, and upon such recognizance being transmitted to the keeper of such gaol, and produced to any Justice attending or being at such gaol, it shall be lawful for such last mentioned Justice, before such time as aforesaid, to take the recognizance of such accused person in like manner as if the sureties were present; and in all cases where a Justice shall admit to bail any WhenJustice person who shall then be in any gaol charged with the offence for admits a perwhich he shall be so admitted to bail, such Justice shall send to or after commitcause to be lodged with the Keeper of such gaol a warrant (E d.) ment, he requiring the said Keeper to discharge the person so admitted to shall order bail, if he be detained for no other offence or under no civil process, if not detainhis discharge, and upon such warrant being delivered to such Keeper he shall ed for any forthwith obey the same: Provided always, that no Justice shall other offence admit any person to bail for treason, or for any felony under an Act or under civil of the eleventh year of Her present Majesty's reign, intituled "An but no bail son to bail process; in cases of Under this section any Magistrate may and ought to admit the treason or of prisoner to bail as a matter of right, and may also measure the security; 11 & 12 Vic. felony under but as the committing Justice is best acquainted with the facts of the case, c. 12, but by he should endorse on the committal the bail required. order of the PRISONER.- BAILING Act for the better Security of the Crown and Government of the United Kingdom," nor shall any such last-mentioned person be admitted to bail except by order of the Lord Lieutenant or other Chief Governor or Governors of Ireland, or his or their Chief Secretary, or by Her Majesty's Court of Queen's Bench at Dublin, or a Judge thereof in vacation. Lord Lieutenant, or Chief Secretary, or Qucen's Bench. Where party is about to abscond, Justice may, upon application of bailsman, order arrest, and require new bail. Warrant to whom an indictment is found. 17. Whenever any person charged with any such indictable crime or offence as aforesaid shall have been bailed in manner aforesaid, it shall be lawful for the Justice by whom he shall have been bailed, or for any other Justice if he shall see fit, upon the application of the surety or of either of the sureties of such person, and upon information being made in writing and on oath by such surety, or by some person on his behalf, that the person so bailed is about to abscond for the purpose of evading justice, to issue his warrant for the arrest of such person so bailed, and afterwards, upon being satisfied that the ends of justice would otherwise be defeated, to commit such person, when so arrested, to gaol, until his trial, or until he shall produce another sufficient surety or other sufficient sureties, as the case may be, in like manner as before. 18. Whenever an indictment shall have been found by the Grand arresta party Jury in any Court of Oyer and Terminer or General Gaol Delivery, against or at any General or Quarter Sessions of the Peace in Ireland, against any person who shall then be at large, and who shall not already have appeared and pleaded to such indictment, (and whether such person shall have been bound by recognizance to answer to the same or not,) the person who shall act as Clerk of the Crown at such Court, or as Clerk of the Peace at such Sessions, shall, at any time after the end of the Assizes or Sessions at which such indictment shall have been found, upon application of the prosecutor or of some person on his behalf, and free from charge, grant unto such prosecutor or person a certificate (I b.) of such indictment having been found; and upon production of such certificate to any Justice for the county in which the offence shall be alleged in such indictment to have been committed, or in which the person thereby indicted shall reside or be, or be suspected to reside or be, such Justice shall issue his warrant to arrest such person, and to cause him to be brought before him, or some other Justice for the same county, to be dealt with according to law; and upon such person being so brought before such Justice, and upon its being proved on oath that ted for trial the person so arrested is the same person who is charged and named in such indictment, such Justice shall, without further inquiry, either commit him for trial or admit him to bail, in manner aforeindicted be said; and in any such case as last aforesaid, if the person so indicted in prison for shall at the time be confined in any gaol for any other offence than some other that charged in such indictment, such Justice shall, upon like proof offence, Juson oath that the person so confined is the same person who is so tice to order his detencharged in such indictment, issue his warrant (E b.) to the Keeper tion. of such gaol, commanding him to detain such person in his custody until he shall be discharged therefrom by the course of law; but nothing herein contained shall be deemed to prevent any Clerk of the Crown or Peace or other officer from issuing any warrant in any such case for the arrest of any such person which he might otherwise by law issue. Party so arrested to be commit or bailed. If party But not to interfere with Bench warrants, &c. |