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BILL

[AS AMENDED IN COMMITTEE]

ΤΟ

Facilitate the Administration of Criminal Justice
at the Central Criminal Court, and at the various
Courts of Sessions of the Peace in and near the
Metropolis.

W

HEREAS it is expedient that the Presentment of a Grand Jury should at the Sessions holden for the Jurisdiction of the Central Criminal Court, and at the Sessions of the Peace holden within the Metropolitan Police District, in many Cases 5 be dispensed with, and that an Information should in such Cases be filed in the Manner herein-after provided for in lieu of such Presentment: And whereas great Delay and Expense in the Administration of Criminal Justice within the said Jurisdiction and District may thereby be prevented: Be it therefore enacted by the Queen's most 10 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, as follows:

Preamble.

Information

in lieu of

I. Whenever any Magistrate shall commit to Custody or hold to Bail Person for Trial at the Central Criminal Court, or at any to be filed on any Magistrate's 15 Session of the Peace to be holden within the Metropolitan Police Commitment District, it shall not be necessary to present any Bill of Indictment to a Grand Jury, but in lieu of such Indictment the Clerk of the Court or other proper Officer shall put upon the Files of the Court an

Indictment.

The filing of an Informa

tion to have

ment as to Trial or otherwise.

Information in the Form in the Schedule to this Act herein-after mentioned, or in some other Words to the like Purport and Effect.

II. Whenever an Information shall be put upon the Files of the Court under the Authority of this Act, the same shall have the same all the Effect Effect in all respects as an Indictment, and all Proceedings for the Trial 5 of an Indict- of the Party charged thereby shall be had and taken in the same Way as if such Information had been a Presentment made by a Grand Jury, and shall be deemed and construed to be within the Meaning of all Statutes relating to Informations and Indictments: Provided always, that in every Case where an Information shall be put on the Files of 10 the Court under this Act, the Clerk of the Court, Clerk of the Peace, and Crier of the Court shall be respectively entitled to receive the same Fees as they would have been entitled to receive in case this Act had not been passed.

No Information to be quashed or Acquittal taken by reason of the Offence differing from Commitment.

Court or Magistrate may order Indictment in certain Cases.

No Objection to be taken after filing Information except such as may be made to

III. No such Information shall be quashed, vacated, or set aside, 15 nor shall any Person charged thereby be entitled to be acquitted by reason that the Offence charged therein differs in its legal Definition from the Offence specified in the Commitment or Detainer, or for which the Party was held to bail; provided always, that such Information shall apply to some Act or Offence disclosed by or reasonably 20 to be inferred from the Depositions or Examinations taken before the examining Magistrate, or from the Commitment or Recognizance returned to the Court; and provided also, that the committing Magistrate, or the Court for Trial at which the Person charged shall have been committed or held to bail to appear, shall have Power in any 25 Case to direct an Indictment to be presented to the Grand Jury in the same Way as if this Act had not been passed, and in lieu of any such Information; and whenever such Magistrate shall so direct he shall certify such Direction upon the Depositions or Examinations taken before him.

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IV. No other Objection shall be allowed to any such Information than such as would by Law be allowed to an IndictIndictments. ment found by a Grand Jury, and that neither in such Information: No Necessity nor in making up the Record of the Proceedings upon any such to set out Information shall it be necessary to set forth any Proceeding had 35 Proceedings before or taken before the Magistrate by whom the Party accused shall have Magistrates been committed or held to bail.

in making up

the Record.

Exception

as to Treason, &c.

V. Provided, that nothing herein contained shall extend or be construed to extend to authorize any such Information to be filed in Cases of Treason or Misprision of Treason, or Offences against 40

the

the Queen's Title, Person, or Government, or against either House of Parliament.

more than

VI. It shall not be necessary to summon a Grand Jury at every Unnecessary Session to be holden for the Jurisdiction of the Central Criminal to summon Grand Jury 5 Court, or at every Session of the Peace to be holden within the every Metropolitan Police District, but a Grand Jury shall be summoned at Session, or such Sessions only as the Judges and Justices of such Courts respec- Four Times a tively, or any Two of them, may think necessary, not being fewer Year. than Four Sessions in every Year: Provided always, that at the Unnecessary 10 Sessions of the Peace to be holden for the City of London and Juries at Borough of Southwark it shall not be necessary to summon any Jury London and unless Sixteen Days before such Sessions there shall be any Business Sessions. to render the Attendance of such Jury, in the Opinion of any such Two Justices, necessary.

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to summon

Southwark

VII. In the Construction of this Act the Word "Magistrate" or Interpreta"Justice" respectively shall mean and include every Justice of the tion Clause. Peace, Alderman, or other Person or Court having Power to commit or hold to Bail for Trial for any Criminal Offence at the said Central Criminal Court, or at any such Sessions of the Peace to be holden

20 within the said Metropolitan Police District.

VIII. This Act shall commence and take effect on the First Day Commenceof September next after the passing thereof.

ment of Act.

SCHEDULE.

Form of Information.

OFFICER'S INFORMATION.

A. B. Clerk of the Crown [or Clerk of the Court, or Clerk of the Peace, or other Officer, &c.] gives the Court here to understand and be informed, That [then proceed to charge the Offence in the usual Form of an Indictment].

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A

BILL

ΤΟ

10

Alter the Time and Mode of taking the Pleas of
Persons charged with Larceny, and for the Im-
provement of Criminal Procedure in Cases of
Larceny.

[Note.-The Words printed in Italics are proposed to be inserted in Committee.]

W

HEREAS it is expedient that the Time and Mode of taking Preamble. the Pleas of Persons charged with Larceny should be altered, whereby much Expense to the Public, and the Time of Grand Jurors, Prosecutors, and Witnesses, would be saved, 5 and in many Cases unnecessarily long Imprisonment be spared to Persons so charged: 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, as follows:

to be made.

I. From and after the passing of this Act, when any Person shall be Charge how arrested on any Charge of Larceny or Suspicion thereof, such Charge shall be made in open Court, either before One Stipendiary Police Magistrate, or in open Petty Sessions, or in Special Sessions, or some Adjournment thereof, or at any other Time at the usual Place of hold15 ing such Petty Sessions, and in open Court before One or more Justice or Justices of the Peace for the County, Riding, Division, Liberty, City, Borough, or Place wherein the Offence shall be charged to have

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