Plea how taken. When Plea is "Not Guilty," or been committed; and such Stipendiary Police Magistrate or Justice or YOU A.B. are charged with Larceny, for that you on the at the Parish of in the Year of our Lord in the County of 5 'did feloniously steal, take, and carry away [describe the Article stolen] II. After any Person so charged as aforesaid shall have heard the Charge read to him, and also the Depositions of the Witnesses to the Facts and Circumstances of the Case, and the Stipendiary Police 20 Magistrate or Justice or Justices shall think the Evidence given before him or them to be such as to raise a strong Presumption of Guilt, such Stipendiary Police Magistrate, in open Court, or Two Justices at the least in open Petty Sessions, shall call upon the Person charged to plead to such Charge, and shall at the same Time caution 25 him as to the Nature and Effect of his Plea, which Caution shall be in these Words, or Words to the like Effect: YOU have heard the Charge against you, and the Depositions of the Witnesses; you are now called upon to plead to such Charge; you are not bound to say anything beyond your Plea, unless you 30 'desire to do so, but what you do say will be taken down in Writing, and may be produced on your Trial: If you plead "Guilty," you must not do so under any Expectation of Favour for so doing, but your Plea will be taken, and a Conviction filed against you, which ' will have the same Effect as if you were convicted by a Jury.' And thereupon the said Stipendiary Police Magistrate or Justices shall and they are hereby authorized to receive and take the Plea of the Person so charged as aforesaid, which they shall enter or cause to be entered at the Foot of the Charge so to be entered in the Book of Charges hereby required to be kept as aforesaid. 40 III. In all Cases where the Person charged as aforesaid shall plead "Not Guilty," or shall refuse to plead, the Depositions of the Witnesses shall 35 shall be taken and Proceedings had as heretofore before One Stipen- a Refusal to plead. diary Police Magistrate or One or more Justices of the Peace. sions. IV. In all Cases (except as herein-after is provided) where the Pleas of Person charged as aforesaid shall plead "Guilty," a Copy of the Charge "Guilty" to be returned 5 and of the Plea, together with the original Depositions of the Witnesses to Assize or to the Facts and Circumstances of the Case, shall forthwith be returned Quarter Sesto the Clerk of Assize or Clerk of the Peace, for the Information of the Judge of the next Court of Assize, or Bench of Magistrates at the next Court of Quarter Sessions, which shall first happen, and the Attendance 10 of the Prosecutors and Witness shall not be required at such Assize or Quarter Sessions. Assize and V. The Clerks of Assize and Clerks of the Peace to whom any such Clerks of Copies of Charges, Pleas, and Depositions shall be returned shall at the next Assize or Quarter Sessions file every such Charge and Plea, the Peace to 15 and record a Conviction thereon; and the Judge of Assize, Chairman, file Pleas, &c. or Deputy Chairman of Quarter Sessions shall pass Sentence in like Manner as heretofore in case of a Plea of " Guilty" upon Arraignment. Cases to be VI. In all Cases of Pleas of "Guilty" to Charges unattended with Trißing Circumstances of Aggravation; that is to say, where it shall not be sentenced by 20 proved that the Person so pleading "Guilty" had been previously Justices in Petty Sesconvicted of Felony, or he shall not admit himself to have been so sions. convicted, or in Cases of Larceny of Money or Chattels where the Amount or Value of the Money or Chattels stolen shall not be proved to be of the Value of Five Pounds or upwards, or where the Larceny 25 shall not be proved to have been from the Person, or attended with the breaking of any Lock or Fastening, or from a Dwelling House or Curtilage, or by a Servant, it shall be lawful for such Stipendiary Police Magistrate or such Justices in Petty Sessions as aforesaid before whom any such Plea of Guilty shall be taken, and they are 30 hereby authorized and required, in open Court, to pass Sentence upon the Person so pleading "Guilty" as aforesaid: Provided always, that such Sentence shall in no Case exceed the Term of Two Calendar Months Imprisonment, and may be with or without Hard Labour as to the said Stipendiary Police Magistrate or Justices shall seem meet. 35 VII. Every Stipendiary Police Magistrate and the Justices as afore- Returns to said shall require all Persons so pleading "Guilty" as aforesaid to be made to subscribe their Names or set their Marks to their respective Pleas, and State. Secretary of shall themselves subscribe all such Charges, Pleas, Copies of Charges, Pleas, and Depositions, and shall at least Once in every Three Months 40 make and send to Her Majesty's Principal Secretary of State for the Home Department a full and true Return of all such Charges and Costs. Clerks to Justices not to Practise in their own Courts. Pleas of "Guilty" whereupon they shall have passed Sentence, with the Particulars of each such Sentence. VIII. With regard to the Payment of the Costs and Expenses of Prosecutions for Larceny, in those Cases where the Party charged shall plead "Guilty," and such Stipendiary Police Magistrate or Justices 5 shall return the Pleas to the Assize or Quarter Sessions, or shall pass Sentence as herein-before is directed, such Stipendiary Police Magistrate or Justices are hereby authorized and empowered, at the Request of the Prosecutor, or of any other Person who shall appear on Summons to prosecute or give Evidence against any Person so charged with Larceny, 10 to order Payment unto the Prosecutor and Witnesses of such Sums of Money as to the Court shall seem reasonable and sufficient to reimburse such Prosecutor and Witnesses for the Expenses they shall have severally incurred in apprehending the Person charged, in attending before the examining Magistrate or Justices, and in otherwise carrying 15 on such Prosecution, and also to compensate them for their Trouble and Loss of Time therein, and also a Sum not exceeding Ten Shillings to be paid to the Clerk of Assize or Clerk of the Peace on filing each Plea of "Guilty" as shall be returned to him for that Purpose, and for recording a Conviction thereon, in lieu of all former Fees which 20 would have been received by the Clerk of Assize or Clerk of the Peace in such Cases; and all such Costs and Expenses shall be paid by the Treasurer of the County, Riding, Division, Liberty, City, Borough, or Place, upon the Order in Writing of such Stipendiary Police Magistrate or Justices as aforesaid, out of the Funds from 25 which the Costs of Criminal Prosecutions are now defrayed. IX. From and after the passing of this Act, no Clerk to the Justices in Petty Sessions shall, either by himself, or by his Partner, Clerk, or Agent be engaged in the Prosecution or Defence of any Criminal Case at any Assize or Quarter Sessions where such Case 30 shall have been sent from the Petty Sessional Division for which such Clerk shall act; and in case any such Clerk do offend by so practising, he shall for each Offence forfeit and pay, to any Person suing for the same within Two Months, the Sum of Twenty Pounds, to be recovered in any of Her Majesty's Courts of Record, with full Costs 35 of Action. |