Administration of Criminal Justice Act 1849 No 7a (NSW)
No. VII.
An Act for the removal of Defects in the Adminis
tration of Criminal Just ice. [20th July, 1849.]
| Excel lency t h e Governor of New South Wales wi th t he advice and | W HEREAS t r a t i on of Cr iminal Ju s t i ce Be i t therefore enacted by H i s | |
| consent of t h e Legislat ive Council thereof Tha t from and after the pass ing of th i s Act if any person shall become an accessory before t h e fact to any felony whe the r t he same be a felony at Common Law or by v i r tue of any S ta tu te or S ta tu tes m a d e or to be made such person m a y be indic ted t r ied convicted and punished in all respects as if he were a pr incipal felon. | ||
| 2. A n d whereas an accessory after the fact to felony can a t p resen t be t r ied only a long w i t h the pr inc ipa l felon or after t he pr inc ipa l felon has been convicted and not otherwise which is somet imes pro duct ive of a failure of jus t ice Be it therefore enacted Tha t from and after t he pass ing of th i s Ac t if any person shall become an accessory after t h e fact to any felony whe ther t he same be a felony at Common L a w or by v i r tue of any S ta tu t e or S ta tu tes m a d e or to be made he m a y be indic ted a n d convicted ei ther as an accessory after t he fact to t h e pr inc ipa l felony together with t he pr incipal felon or after t h e con viction of the pr incipal felon or m a y be indic ted and convicted of a substantive; felony w h e t h e r t he pr incipal felon shall or shall not have been previously convicted or shall or shall not bo amenab le to jus t ice and may the reupon be punished in l ike manne r as any accessory after the fact to t he same felony if convicted as an accessory may be punished and the offence of such person howsoever indicted may be inqui red of t r ied de te rmined and pun ished by any Cour t which shall have jur i s diction to t ry t h e pr inc ipa l felon in t he same m a n n e r as if flu; act by reason of which such person shall have become an accessory had been commit ted a t t h e same place as the pr inc ipa l felony Provided always t h a t no person who shall be once duly t r ied for any such offence whether as a n accessory after t h e fact or as for a subs tant ive felony shall be liable to be again indicted and tr ied for t he same offence. | ||
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it is desirable to remove cer ta in defects in t he adminis
any ind ic tment for feloniously receiving p roper ty k n o w i n g i t to have
been stolen i t shal l be lawful to add a coun t for feloniously s teal ing t he same p roper ty a n d where any such ind ic tmen t shal l have been presented agains t any person t h e prosecutor shal l n o t he p u t to his election b u t i t shall be lawful for t h e j u r y who shall t r y t h e same to find a verdict of gui l ty e i ther of s teal ing t he p roper ty or of receiving i t k n o w i n g i t to have been stolen and if such ind ic tmen t shal l have been presented aga ins t two or more persons it shall be lawful for t h e j u r y who shall t r y t h e same to find all or any of t h e said persons gui l ty e i ther of s teal ing t h e p rope r ty or of receiving i t k n o w i n g i t to have been s tolen or t o find one or more of t he said persons gui l ty of s teal ing t h e proper ty and the o ther or o thers of t h e m gui l ty of receiving it
k n o w i n g i t t o have been stolen.
4 A n d be it enacted T h a t on t h e t r ia l of any informat ion or
i nd i c tmen t for misdemeanor or felony when any var iance shal l appear be tween t h e proof a n d t h e informat ion or ind ic tment in any par t i cu lars n o t mater ia l to t h e mer i t s and by which t h e defendant or pr isoner canno t have been prejudiced in t he conduct of his or he r defence i t shall be lawful for any Cour t hav ing Cr imina l Ju r i sd i c t i on if such Cour t shall see fit so to do to cause t he informat ion or ind ic tment to be amended in accordance wi th t h e proof and after such a m e n d m e n t t he t r ia l shal l proceed as if no such var iance had occurred.
5. A n d be it enacted T h a t in th i s a n d every o ther A c t or
S ta tu te t he t e r m " i n d i c t m e n t " shal l equal ly comprehend and b e t a k e n to m e a n an informat ion and t h e l ike in all p leadings civil and cr iminal a n d also t h a t in all p leadings and proceedings t h e t e r m " S t a t u t e "
shall equal ly comprehend and be t a k e n to m e a n an Act of t h e Governor and Legis la t ive Council .
(5. A n d be it enacted T h a t from a n d after t h e pass ing of th i s
A c t it shal l no t be lawful to t ake demand or receive any Cour t fees for t h e issuing of any process for or on behalf of any person charged wi th indicted or informed against for any felony or as an accessory t h e r e t o or w i th or for any misdemeanor in any Cour t of Cr imina l Ju r i sd ic t ion or before any J u s t i c e or Jus t i ces of t he Peace in N e w South W a l e s nor shal l i t be lawful t o t ake demand or receive any fees from any such person for t a k i n g any recognizance of bail or issuing any wri t of habeas corpus or recording any appearance or plea to any ind ic tmen t or informat ion or for d ischarging any recogni
zance t aken from any such person or surety or suret ies for t h e m b u t t h a t all such fees shall absolute ly cease and the same are hereby
abolished and de termined accordingly.7. A n d be i t enac ted Tha t in all Cour t s of Qua r t e r Sessions in t he said Colony all A t to rneys on t h e Roll of the Supreme Cour t of t h e said Colony shal l be al lowed to pract ise and ac t as Counsel and be heard in all m a t t e r s before t he said Cour t s of Quar t e r Sessions in the
same m a n n e r as Bar r i s te r s now are in t h e said Courts .
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