CHAPTER XV. OF SUMMARY CONVICTIONS. [We are next, according to the plan laid down (a), to take into consideration the proceedings in the courts of criminal jurisdiction, in order to the punishment of offences.] These also, as well as the offences themselves, have become, in a great variety of instances, the subject of legislative provisions; so that our disquisitions in this latter portion of the work, as well as in the former, will be founded partly on the principles of the common law, and partly on parliamentary enactment. [These proceedings are divisible into two kinds, summary and regular: the former of which shall be briefly explained, before we enter on the latter, which will require a more thorough and particular ex amination. By a summary proceeding, is meant principally such as is directed by several Acts of Parliament, (for the common law is a stranger to it, unless in the case of contempts,) for the conviction of offenders, and the infliction of certain penalties created by those Acts. In these, there is no intervention of a jury; but the party accused is acquitted or condemned, by the suffrage of such person only as the statute has appointed for his judge: an institution designed professedly for the greater ease of the subject; by doing him speedy justice, and by not harassing the freeholders with frequent and troublesome attendances to try every minute offence.] (a) Vide sup. p. 378. I. [Of this summary nature are all trials of offences and frauds contrary to the laws of the excise (b): which are to be inquired into and determined either by the commissioners of excise, or by justices of the peace (c); officers who are all of them appointed, and removable, at the discretion of the Crown.] II. Another branch of summary proceedings, is that before justices of the peace in respect of a variety of minor offences: viz, such as are prohibited only under pecuniary penalties (d). Some of these were formerly punishable at the court leet, while that court was in use; but the greater part have been both created, and placed under the summary jurisdiction of one or more of the justices of the peace, by the provisions of modern Acts of Parliament. But besides these, there are others of a graver description, which may also now be summarily dealt with in the same manner, and for which the punishment is in some cases a pecuniary penalty, and in others either a penalty or imprisonment with hard labour for a term of six months; or, in case of a second conviction, twelve months. Of these offences, our limits will only permit the mention of some of the most important, such as the abetment of any offence punishable by way of summary conviction under the 24 & 25 Vict. cc. 96, 97 (e),— the stealing, or killing with intent to steal, any bird, beast or other domestic or confined animal not the subject of larceny at the common aw (ƒ),-killing or wounding forest deer (g),—killing dogs or other animals (not being cattle) either the subject of larceny at common law or ordinarily (b) As to the excise, vide sup. vol. II. p. 587 et seq. The mode of proceeding for offences against the customs, (some of which also are punishable before justices,) is pointed out by 16 & 17 Vict. c. 107, s. 269, et seq. (Et vide sup. pp. 341, 342.) (c) See 4 & 5 Vict. c. 20, s. 26, et seq.; 15 & 16 Vict. c. 61. As to the justices of the peace, vide sup. vol. 11. p. 663 et seq. (d) Vide sup. p. 91. (e) See 24 & 25 Vict. c. 96, s. 99; c. 97, s. 63. (f) 24 & 25 Vict. c. 96, ss. 21, 22. kept confined (h),―stealing (or having in possession stolen) dogs (i), — stealing fences (k),—taking fish (1),—killing hares or rabbits (m),—doing certain malicious injuries to property (n),— receiving certain kinds of property knowing it to have been stolen (0),—injuring, &c., electric or magnetic telegraphs (p),—and injuring or stealing trees (4) or vegetable productions in gardens (r). As to assaults or batteries, also, the legislature has recently made fresh provisions with regard to the summary jurisdiction of justices. And now, by 24 & 25 Vict. c. 100, s. 42 (s), when any person shall unlawfully assault or beat any other person, two justices of the peace, upon complaint of the party aggrieved, may hear and determine the offence: and may commit the offender to prison, with or without hard labour for any period not exceeding two months; or else fine him to the extent of £5, and, in default of payment, imprison him to the extent above mentioned. And (by sect. 43) if the assault or battery be on a male child, whose age, in the opinion of the justices, shall not exceed fourteen years, or be upon any female, the punishment inflicted may be by imprisonment, with or without hard labour, for as long as six months, or by a fine to the extent of 201., (or in default, imprisonment); and the offender may also be bound over to keep the peace for an additional six months. And the justices are required, in such charges, if on the hearing upon the merits they deem the assault or battery not proved, or justifiable, or too trifling to merit punishment, to give the party charged, in dismissing the complaint, a certificate of dismissal, which will operate as a bar to any further proceedings (t). While, on the other hand, if they shall find that the assault or battery was accompanied by an attempt to commit any felony, or are of opinion that the same is, for any other circumstance, a fit subject for an indictment, they are to deal with the case as if they had no authority to determine the same. And there is also a proviso preventing the justices from determining any case in which a question shall arise as to the title to lands, tenements or hereditaments, or any interest therein or accruing therefrom; or as to any bankruptcy, or any execution under the process of any court of justice (u). Moreover, the jurisdiction now conferred upon justices enables them, in certain cases, to dispose, summarily, of the felonious offence of larceny. For, first, with respect to juvenile offenders, it is provided by 10 & 11 Vict. c. 82 (x), and 13 & 14 Vict. c. 37, that any person, apparently not more than sixteen years of age, who is charged with having committed, or attempted to commit, (or with having been an aider, abettor, counsellor, or procurer, in the commission of,) any offence, then or thereafter to be by law deemed, or declared to be, simple larceny, or punishable as simple larceny,-may, on conviction before two justices in open court at petty sessions (y), be imprisoned by them for three months, with or without hard labour; to which whipping may be added, if the offender be a male and not exceeding the age of fourteen years (z). And the Acts further proceedings can be had, in the case of the offender having been convicted, and having either paid the fine or suffered the imprisonment awarded. (24 & 25 Vict. c. 100, s. 45.) (u) 24 & 25 Vict. c. 100, s. 46. (x) The returns required by this Act to be made to a secretary of state, are abolished by 21 & 22 Vict. c. 67. (y) By 10 & 11 Vict. c. 82, s. 2, any metropolitan or other stipen diary police magistrate, has the same jurisdiction as these Acts confer on two or more justices at petty sessions. (*) See 13 & 14 Vict. c. 37, s. 1. By 25 & 26 Vict. c. 18, in awarding the punishment of whipping, the justices must specify the number of strokes (which must not exceed twelve), and the instrument (viz. a birch rod) to be used in inflicting them. provide that if such justices, on the hearing of the 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, (with or without requiring sureties for his future good behaviour,) and shall furnish him with a certificate stating such dismissal: and that, on obtaining such certificate, or on having been summarily convicted under the Acts, he shall be discharged from all further or other proceedings for the same cause. While, on the other hand, if the justices shall be of opinion that the charge is, from any circumstance, a fit subject for prosecution by indictment, or if either the person charged, or his parents, shall object, when interrogated on the subject, to the case being summarily disposed of under the provisions of the Acts, then that the justices shall proceed with the charge as in other cases of felony. Secondly, by 18 & 19 Vict. c. 126, the summary jurisdiction given by the above Acts is extended, and is made no longer to apply exclusively to the case of juvenile offenders. For it is by this last Act enacted that where any person is charged at petty sessions (a) with simple larceny (the value of the property stolen, in the opinion of the justices, not exceeding five shillings), or is charged with having attempted to commit either larceny from the person or simple larceny ;-the justices may proceed to hear and determine the charge in a summary way. And, (if the person charged shall confess the same, or the justices after hearing the whole case for the prosecution and for the defence shall find the charge to be proved,) the justices may convict such person and commit him to prison, with or without hard labour, for any period not exceeding three calendar months: or, (if they find the charge not proved,) shall dismiss the charge and deliver to the person so tried, a certificate of dismissal. There is, however, a proviso, that if the person charged do not consent to have the case so heard and determined; or if (a) See 19 & 20 Vict. c.118, providing for the operation of this Act in places not being within a petty sessional division. |