Crimes (Amendment) Act 1924 (NSW)
CRIMES (AMENDMENT) ACT.
Act No. 10, 1924.
An Act to amend the criminal law, and for that purpose to amend the Crimes Act, 1000, and certain other Acts ; and for purposes con- nected therewith. [Assented to, 1st October, 1024.]
I~)E it enacted by the Kind's Most Excellent Majesty, y
!>y ami with the advice and consent of the leg is - lative Council and Legislative Assembly of New South "Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . This Act may be cited as the "Crimes (Amend-
ment) Act, 192 V and shall be read with the Crimes Act,
1900, hereinafter called the Principal Act. 3 L
2 . I n a m e n d m e n t s inser ted by th is A c t in the
| Pr incipal Act , the expression " t h i s A c t " | means | t h e |
| Pr inc ipa l Act as amended by this Ac t . |
The enac tmen t s ment ioned in t he Schedule to this A c t are, to t he e x t e n t therein expressed, hereby repealed except as to offences commi t t ed and th ings done or commenced before t he pass ing of th i s Act , which shal l be deal t wi th and cont inued, and in respect of which every r igh t and liabil i ty shall r emain as if this A c t had no t been passed.
3 .
4 . P a r t I of t he Pr inc ipa l A c t is amended as
fo l lows:—
(a) Section f o u r : — (i) By adding at the end of the definition of " d w e l l i n g - h o u s e " : " A n y bu i ld ing or o ther place which if occupied would be a dwel l ing-house shall be deemed to be a dwell ing-house no twi ths t and ing t h a t
it is temporar i ly unoccupied ."
(ii) by inse r t ing after the definition of
" G o v e r n o r " t he following definition : — " Gr ievous bodily h a r m " includes a n y
p e r m a n e n t or serious disf iguring of the person.
(iii) by inserting after the definition of
" j u s t i c e " t h e following definition :— " L o a d e d a r m s " means any gun ,
pistol , or o ther a rms , loaded t h e barre l or chamber wi th gun
in
powder or other explosive sub- s tance , and wi th ball , shot, s lug, or o ther des t ruct ive mate r ia l , a l t hough the a t t e m p t to dis cha rge may fail from w a n t of proper p r iming , or from any
o the r c a u s e ; and every g u n , pistol , or o ther a rms , un law fully presented a t any person, shall be deemed to be; loaded unless the contrary is shown.
(b) Section e i g h t : B y inser t ing after t he words
" W h e r e , by th i s or any o ther A c t , " the words
" or by any rule , regula t ion , o rd inance or by-law, duly m a d e u n d e r or by v i r tue of t h e
provisions of any A c t , "
5 . P a r t I I I of the Pr inc ipa l A c t is amended as
follows :—
(a) By omi t t ing section th i r ty-s ix . (b) by omi t t i ng sections s ixty-four, s ixty-nine, seventy , seventy-one, seventy- two, seventy- three , seventy-four, seventy-l ive, seventy-six, seventy-seven, and seventy-e ight , and by inser t ing t he following sections :—
64. W h e r e on the t r ia l of a person for rape the j u r y are satisfied t h a t the female was a girl unde r the age of s ixteen years, b u t above the age of ten years, and tha t t he accused h a d carna l knowledge of he r b u t w i th her consent , they may acqui t h im of the rape charged a n d find h im gui l ty of an offence u n d e r section seventy-one of this Act , and he shall be liable
to p u n i s h m e n t accordingly.
69. W h e r e on t h e t r ia l of a person for carnal ly knowing a girl unde r t h e age of ten years , the j u r y a re satisfied t h a t she was of or
above t h a t age, b u t unde r t h e age of s ix teen
years , and t h a t t he accused had carnal knowledge of such girl , t hey m a y acqu i t h i m of the offence charged and find h i m gui l ty of
Ac t , and he shal l be l iable to p u n i s h m e n t an offence unde r section seventy-one of th i s accordingly.
70. W h e r e on t h e t r ia l of a person for carna l ly k n o w i n g a girl unde r t he age of t en years , the j u r y are satisfied t h a t she was of or above t h a t age , b u t u n d e r t h e age of s ix teen years , and t h a t t he accused had not carna l knowledge of such girl , b u t was gui l ty of an offence u n d e r section seventy- two of th is Ac t , t hey m a y acqui t h i m of t he offence charged and find h im gui l ty of an offence u n d e r t he said las t -ment ioned section, and he shall be
l iable to pun i shment accordingly . 7 1 .
7 1 . Whosoever un lawful ly and carnally
knows any girl of or above t h e age of ten years , and u n d e r t h e age of s ix teen years , shall be l iable to penal servi tude for t en years .
72. Whosoeve r a t t e m p t s un lawfu l ly and
carnal ly to know a n y girl above the age of t en years , and under t he age of s ixteen years , or assaults a n y such girl wi th in ten t carna l ly to know her , shal l be liable to pena l servi tude for
five years . 72A. Whosoever knowing a woman or girl to be a n idiot or imbeci le has or a t t e m p t s to have un lawfu l carna l knowledge of he r shall be l iable to pena l servi tude for five years .
73 . Whosoever , be ing a schoolmaster or o ther teacher , or a fa ther , or s tep-father , un lawfu l ly and carna l ly knows any gir l of or above t h e age of t en years, and unde r t he age of seventeen years , being his pupi l , or daugh te r , or s tep-daughter , shal l be liable to
pena l servi tude for four teen years . 74. Whosoever , being a schoolmaster or other teacher , or a fa ther , or s tep-father , by any means a t t e m p t s unlawful ly and carnal ly to know any girl of or above the age of t e n years, and under the age of seventeen years , be ing his pupi l , or daughte r , or s tep-daughter , or assaul ts any such girl wi th i n t en t carnal ly to know her, shall be liable to pena l servi tude
for seven years.
75. N o t h i n g in t he two las t preceding sec
t ions shal l p reven t such schoolmaster , teacher , fa ther or step-father from being prosecuted unde r section seventy-one or seventy- two of
th is Act .
7G. Whosoever assaul ts any female and ,
a t t h e t ime of, or immedia te ly before or after such assault , commi t s any ac t of i n d e c e n c y u p o n or in t he presence of such female, shall he l iable to impr i sonmen t for th ree years , or, if t he female be under the age of s ix teen
years , to pena l servi tude for five years . 77. 77. The consent of the woman , girl , pupi l , daugh te r , or s t ep -daugh te r shall be no defence to any charge unde r sections sixty-seven, s ix ty-e ight , seventy-one, seventy- two, 72A, seventy- three , or seventy-four of this Ac t , or, if t he female be unde r t he age of s ixteen years , to any charge unde r section seventy-six
of th i s A c t : Provided t h a t i t shal l be a sufficient defence to a n y charge which renders a person liable to be found gu i l ty of an offence unde r sections seventy-one or seventy- two of this Act , or if the female be u n d e r t he age of s ixteen years to any charge unde r section seventy-six of th i s Ac t , if it be m a d e to appear to t he cour t or
j u ry before w h o m the charge is b r o u g h t —
(a)
t h a t t he girl was over t h e age of fourteen years a t t h e t ime of t h e al leged offence ; and
(b)
that she consented to the commission of t he otfence; and
(c) e i ther—
(i)
t h a t she was a t t he said t ime a common pros t i tu te or a n associate of common
p ros t i t u t e s ; or (ii) t h a t t he person so charged had a t t h e said t ime reasonable cause to bel ieve, and did in fact believe, t h a t she was of or above t h e age of s ixteen years .
78. No prosecut ion in respect of any offence
u n d e r sections seventy-one, seven ty- two, or seventy-s ix of th is Act shall , if t he girl in quest ion was a t t he t ime of the al leged offence over the age of four teen years a n d unde r t he age of s ixteen years, be commenced after t he expira t ion of twelve mon ths from the t ime of t h e alleged offence.
(c) by omi t t i ng from section seventy-n ine t h e words " penal servi tude for life or any t e r m no t less t h a n five y e a r s " and by inse r t ing t h e
words " penal servi tude for four teen y e a r s " in lieu thereof.
6 . P a r t I I I of the Pr inc ipa l Ac t is fur ther amended
b y the inser t ion of t he following sections n e x t after section seventy-e ight of t he Principal Act as inser ted by th is Ac t :—
78A. Whosoever , being a male, has ca rna l know- ledge of his mother , sister, daughte r , or g rand- daughte r , or be ing a female of or above the age of s ix teen years , wi th he r consent permi ts he r g r a n d father , father, brother , or son to have carna l know ledge of her (whether in any such case t he relat ion ship is of half or full blood, or is or is no t t raced t h r o u g h lawful wedlock) shall be l iable to pena l serv i tude for seven years .
78B. Whosoever , be ing a male , a t t e m p t s to com mi t any offence unde r t he las t -preceding section,
shall be liable to impr i sonmen t for two years .78c. (1) I t shal l be a sufficient defence to a cha rge u n d e r e i ther of t h e last two preceding sections t h a t the person charged did no t know t h a t t h e person wi th w h o m t h e offence is al leged to have been commi t t ed was related to h i m or her, as al leged.
(2) I t shall be no defence to a charge unde r
e i ther of t he last two preceding sections t h a t theperson wi th w h o m the offence is al leged to have
been commi t t ed consented there to . 78D. On the convict ion of a father or s tep-father of an offence u n d e r section seventy- three or section seventy-four of this A c t or of a male person of an
offence unde r section 72A or unde r section 7 8 A or
unde r section 78B of this Act , t he cour t m a y divest
t h e offender of all au thor i ty over t h e female w i th w h o m the offence has been commit ted , and if the offender is the guard ian of such female, may remove t h e offender from such guard iansh ip , and in any such case may appo in t any person or persons to be t he guard ian or guard ians of such female du r ing her minor i ty , or for any grea ter or less period.78K . If on the t r ia l of any male person for an offence unde r section s ix ty - th ree or under section sixty-five of this A c t t he j u r y are not satisfied t h a t
he
h e is gui l ty of the offence charged, b u t are satisfied t h a t he is gui l ty of an offence unde r section 7 8 A or unde r section 7 8 B of th is Act , they may acqui t such person of the offence charged, and find h i m gui l ty of a n offence unde r section 7 8 A or unde r section
78r» of th is Act , and he shall be l iable to p u n i s h m e n t accordingly.
7 S F . (1) No prosecut ion for an offence unde r sections
7 8 A or
7 8 B shall be
commenced
w i t h o u t
t he sanct ion of the At to rney-Genera l .
(2) Al l proceedings unde r the said sections
shal l be held in camera .
P a r t I I I of t he Pr inc ipa l Act is fu r ther by omi t t i ng section eighty-five and by inser t ing amended 7 .
t he
following section in l ieu thereof :—
85. (1) "Whosoever by any disposition of t h e dead body of a child, w h e t h e r t he child died before or after or du r ing its b i r th , wilfully conceals or a t t emp t s to conceal the b i r th of t h e child, shall be l iable to impr i sonment for two years.
(2) I t shall be a sufficient defence to a n y charge unde r this section if the accused person shall satisfy the cour t or j u r y t h a t the dead body in respect of which the disposition took place had issued from the body of its mother before t he expira t ion of the twen ty-e igh th week of p regnancy .
8 . P a r t I I I of t he Pr incipal Ac t is fu r the r amended
by inse r t ing t h e following sections after section n ine ty- one :—
9 1 A . Whosoever procures , entices or leads away any female under the age of twenty-one years , w h e t h e r wi th her consent or not , wi th i n t en t t h a t some other person m a y have carna l knowledge of such female, e i ther wi th in or w i thou t N e w South Wales , shall , no tw i th s t and ing t h a t some one or more of the various acts const i tu t ing t he offence m a y have been commit ted outside N e w South W a l e s , be liable to penal servi tude for seven years .
9 1 B . Whosoever by means of any fraud, violence, t h rea t , or abuse of au thor i ty , or by the use of
any
drug or intoxicating liquor, procures, entices, or
leads
leads away any w o m a n of of above the age of twenty-one years wi th in t en t t h a t some other person may have carnal knowledge of such woman , c i ther wi thin or wi thou t New South Wales , shall , no twi ths t and ing t h a t some one or more of the various acts cons t i tu t ing t he offence m a y have been commit ted outside New South Wales , be liable to pena l servi tude for t en years .
91c. Whosoever hav ing been convicted unde r the provisions of t he V a g r a n c y Act , 1902, or of any A c t amend ing or replacing such Act , of be ing a male person knowingly l iving, wholly or in par t , on t he ea rn ings of pros t i tu t ion af terwards commits the said offence shall be liable to impr i sonmen t for th ree years .
91D. Whosoever employs in, or under any c i rcum stances wha tever knowing ly suffers to resort to, or be upon , any premises used as a b ro the l or house of i l l -fame, any girl unde r the age of e ighteen years , shall be liable to penal serv i tude for five years.
9 . P a r t I V of the Pr inc ipa l A c t is amended as
follows :—
(a)
by inserting after the word " counting-house " wherever it occurs in sections one h u n d r e d and twelve and one hundred and th i r t een the follow ing words:—"off ice, store, garage, pavil ion, fac tory , or workshop , or any bu i ld ing be long ing to H i s Majesty or to a n y G o v e r n m e n t depa r tmen t or to any munic ipa l or other publ ic au tho r i ty . "
(b) (i) by inser t ing in section one h u n d r e d and
fourteen before t h e word " felony " wher- ever occur r ing , t h e word " a " ;
(ii) and by inserting in the same section after the word " felony " wherever occurring.,
t h e words " o r m i sdemeanour . "
(c)
by omitting section one hundred and twenty- four and by inser t ing the following section in
l ieu thereof :—
124. W h e r e , upon t h e trial of a person for larceny, it appears—
(a) t h a t he had f raudulen t ly appropriated to his own use or t ha t of ano ther , the-
proper ty
property in respect of which he is indicted, although he had not originally taken the property with any fraudulent
in tent ; or
(b) that he had fraudulently retained the property in order to secure a reward for its restoration, the jury may return a verdict accordingly, and thereupon he shall be liable to imprisonment for two years, or to a fine of one hundred pounds.
(c)
by inserting after section one hundred and fifty-four the following new heading and sections :—
Of vehicles or boats.
154A . Whosoever, without the consent of the owner or person in lawful possession
thereof—
takes and uses, or takes for the purpose of using, any vehicle or boat ; or
bakes any such vehicle or boat for the purpose of secreting the same, or obtaining a reward for the restoration or pretended finding thereof, or for any other fraudulent purpose,
shall be liable to imprisonment for three years.
In this and the next succeeding section
carriage, aeroplane or other aircraft, motor car, " vehicle" includes any cart, waggon, cab, motor lorry, motor or other bicycle, and " boa t" includes launch, yacht, or other vessel. 154B. Where on the trial of a person for larceny of a vehicle or boat the jury are not satisfied that he is guilty thereof, but are satisfied that he is guilty of an offence under the next preceding section, they may acquit him of the offence charged, and find him guilty of an offence under the said last- mentioned section, and he shall be liable to punishment accordingly.
(d)
(d) by inserting the following section next after
section one hundred and e i g h t y - n i n e : —
189A. (1) Whosoever , w i thou t lawful ex
cuse, receives, or has in his possession, any proper ty stolen outside t he S ta te of New South Wales , knowing the same to have been stolen, shall be liable to pena l servi tude for ten years .
(2) F o r t he purposes of th is section proper ty shall be deemed to have been stolen if it has been t aken , extor ted , obtained, embezzled, converted, or disposed of unde r such c i rcumstances t h a t if the act had been com mi t t ed in t he S ta te of New South Wales t h e person commi t t i ng it would have been gui l ty of an indic table offence accord ing to the law for the t ime being of t he State of New South Wales .
(3) N o person shall be liable to con
viction unde r this section if t he t ak ing ,
ex tor t ing , obta in ing, embezzl ing, conver t ing , or disposing is not a c r iminal offence in the coun t ry in which the act is commi t ted .
(e) Section two hundred and forty-four : Omit the
words " o r to impr i sonmen t for th ree yea r s . "
1 0 . Par t V of the Pr incipal Ac t is amended by
omi t t i ng from section two hundred and seventy-five
al l t he words after the words " c ros sed w i t h " down
| to and inc luding the word | " f i r m " | and subs t i tu t ing | the |
| following words therefor— |
" (a) the n a m e of a b a n k e r between two parallel
t ransverse l i ne s ; or
(b) the word ' b a n k ' or the words ' a n d com
pany ' or any abbrevia t ion of t h e m respectively between two paral lel t ransverse l ines ; or
(c) two paral le l t ransverse lines s imply ; or
(d) the word ' c r e d i t ' followed by the n a m e of any individual or firm between two parallel
t ransverse lines ;
| c i the r | with | or | wi thou t | t he | words | ' n o t | n e g o t i a b l e . ' " |
1 1 . P a r t V I I of t he Pr incipal Ac t is amended as
follows :—
(a) B y inser t ing in section th ree h u n d r e d and forty after t he word " sessions " w h e n it first occurs t h e words " s t ipendiary or police m a g i s t r a t e , " and by inser t ing after t h e words " j udge or c h a i r m a n " t h e words " o r m a g i s t r a t e " ; and
by omi t t ing from the same section t h e words
" or any c i r c u i t " and the words " or circuit " ;
(b) (i) by inser t ing in subsect ion one of section
th ree hund red and forty-one after the word
" c h a i r m a n " t he words " or magis t ra te " ;
and
(ii) by inserting in subsection two of the same
section after the word " jus t ices " t he words " other t h a n a police or s t ipendiary magis t r a t e . "
1 2 . P a r t X of t he Pr inc ipa l Act is amended as
follows :—
(a) By inserting in subsection two (a) of section t h r ee hund red and fifty-two after the word
" such " t h e words " offence or ."(b) by inserting after subsection three of section
th ree h u n d r e d and fifty-two the following new
subsec t ion :—
A n y constable may, a l t h o u g h the war r an t is no t a t t he t ime in his possession, apprehend any person for whose apprehens ion on any ground other t h a n a charge of felony or misdemeanour or offence pun ishab le as a mis
(4)
demeanour a w a r r a n t has been lawfully issued,
provided t h e issue of such w a r r a n t has been certified by te legraph by t h e Inspec tor -Genera l of Police or by t he jus t ice who has signed such warrant.
1 3 . P a r t X of t h e Pr inc ipa l Act is fur ther amended
by inse r t ing nex t after section th ree h u n d r e d and fifty- th ree the following new section :—
353A. (1) W h e r e a person is in lawful cus tody
u p o n a charge of commi t t ing a n y cr ime or offence,any constable may search his person and t ake from
h im a n y t h i n g found upon his person.
(2)
(2) W h e n a person is in lawful custody upon a charge of commi t t i ng a n y c r ime or offence which is of such a n a t u r e a n d is al leged to have been commit ted unde r such c i rcums tances t h a t t he re are reasonable g rounds for bel ieving t h a t a n examina t ion of his person will afford evidence as to the commission of t he cr ime or offence, any legally qualified medical prac t i t ioner ac t ing a t t h e reques t of a n y officer of police of or above the r a n k of sergeant , and any person ac t ing in good fai th in his aid and u n d e r his direction, may m a k e such an examina t ion of t he person so in custody as is reasonable in order to ascer ta in t he facts wh ich m a y afford such evidence.
(3) W h e n a person is in lawful custody for any offence pun ishab le on ind ic tment or s u m m a r y convict ion, the officer in charge of police a t t he s ta t ion where he is so in custody m a y t ake or cause to be t aken all such par t icu lars as may be deemed necessary for t he identification of such person, inc lud ing his pho tog raph and finger-prints.
| 1 4 . | P a r t X of the Pr inc ipa l Act is fu r the r | amended |
as follows :—By inser t ing in section three hund red and fifty-four after the word " i n d i c t m e n t " the words " o r which would he punishable by i nd i c tmen t if it had been commi t t ed wi th in the; S ta te of N e w South Wales " ; and by inser t ing before the words " such jus t ice " t he words " whe the r in or beyond the Sta te of N e w South W a l e s . "
| 1 5 . | P a r t X I | of t he P r inc ipa l A c t is amended as |
| follows :— |
(a) By adding at the end of section three hundred and seventy t h e words " Provided fu r the r t h a t no th ing in this section shall affect t h e r i g h t of the Crown to inser t a l te rna t ive counts in any
ind i c tmen t describing t h e offence in different t e r m s . "
(b) by adding at the end of section three hundred
and n ine ty - two the words " a n d i t shall he sufficient to s ta te generally t h a t t he m a t t e r charged as having been falsely sworn was false in fact w i thou t nega t iv ing each a s s ignmen t specifically."
(c)
(c) by inser t ing in section four h u n d r e d and six
after the words " f o r the m u r d e r " t he words " or mans l augh t e r " ; and by inser t ing after the words " a t t end the t r i a l " the words " or to give ev idence ."
(d) (i) by inser t ing in section four hund red and seven after t he word " b u t " t h e words " save as hereinaf ter provided " ;
(ii) by adding to the same section the following
new p a r a g r a p h : — (3) The husband or wife of any accused person in a c r iminal proceeding shall be compel lable to give evidence in such pro ceeding in every cour t , e i ther for t he
prosecut ion or for the defence, and w i t h o u t t he consent of the accused —
(a)
where the offence charged is under any Ac t or Impe r i a l A c t by which t h e h u s b a n d or wife of t he accused is m a d e a compellable witness in a proceeding in respect of t he offence;
(b)
where the offence charged is under the provisions of sections t w e n t y - seven, forty-one, forty-two, fifty-four, s ixty, one h u n d r e d and fourteen, or one hund red and e ighteen of t he Child Wel fa re Act , 1923, or any Act a m e n d i n g or rep lac ing the said provisions.
(e) by inserting in section four hundred and nine
the words " o r c o r o n e r " after the word
" j u s t i c e " wherever i t occurs in t h e sec t ion; and by inser t ing after t he word " t r a v e l " wherever i t occurs in t he same section t he words " o r to give ev idence ."
(f) by inse r t ing in section four hundred a n d
fifteen af ter the word " g i v e n " t h e words " ei ther orally or by affidavit."
(g) by inserting in section four hundred and six
teen after t he word " b y - l a w s " wherever occurr ing the words " ru les ord inances ."
(h)
(h)
by omitting from subsection one of section four h u n d r e d and e igh teen the words " s ixty-seven to e ighty-one inc lus ive" and by inser t ing in l ieu thereof; t he words " s i x t y - s e v e n to 78B,
inclusive, or u n d e r sections seventy-nine ,
e ighty , or e igh ty -one . "
1 6 . P a r t XT of t h e Pr inc ipa l Ac t is fu r the r amended
by inser t ing the following new section n e x t after section
th ree hundred and ninety-four :—
394A. Where a prisoner is a r ra igned on an ind ic tmen t for any offence and can lawfully be convicted on such ind ic tment of some other offence not charged in such ind ic tment , he m a y plead not gui l ty of the offence charged in t h e ind ic tmen t , bu t gui l ty of such o ther offence, and the Crown m a y elect to accept such plea of gui l ty or may requi re the t r ia l to proceed upon the charge upon which the pr isoner is ar ra igned.
1 7 . P a r t X I of t he Pr inc ipa l Ac t is fur ther amended
| by inser t ing n e x t after | section | four | h u n d r e d and | seven |
the following new section :—
407A. (f) Any p resumpt ion of law t h a t an offence commit ted by a wife in t h e presence of her h u s b a n d is commi t t ed under the coercion of t he husband is hereby abolished.
(2) This section shall come in to operat ion as from the da te of the pass ing of the Crimes (Amendment ) Act , 1924.
1 8 . Pa r t X I of t he Pr inc ipa l A c t is fur ther amended
| by | inser t ing | n e x t | after | section | four | h u n d r e d | and |
| fourteen the following new sections :— |
414A . A t any inques t or where a person is charged before a jus t ice or jus t ices wi th an indic table offence it shall not be necessary, unless so directed by the coroner or the said jus t ice or just ices , for any person who has made a scientific examina t ion of any ar t ic le or body to give evidence of t he resu l t of t he examina t ion , bu t a certificate u n d e r the hand of such person se t t ing out t h a t he has m a d e the examina t ion , t he n a t u r e of his scientific qualifies, t ions, and the facts and conclusions he has arrived a t shall be p r ima facie evidence of the ma t t e r s s ta ted
in the certificate. Where W h e r e t h e certificate is tendered by the prose cu tor the jus t ice or just ices shall no t dispose of the case summar i ly except wi th t h e consent of the accused.
414B. A n affidavit by t he clerk of t he peace or his clerk, or by t he accused or his solicitor or his solicitor's clerk, or by any officer of police of the service of a n y notice to produce and of t he t ime when it was served, wi th a copy of such not ice annexed to such affidavit, shal l be sufficient evidence of t h e service of t h e original of such not ice and of t h e t ime when i t was served.
1 9 . P a r t X I of the Pr inc ipa l A c t is fu r the r amended by inser t ing nex t after section four hundred and twen ty-
th ree t he following new section :—423A. W h e r e any two or more persons are severally indicted for perjury or false swear ing and the s t a t ements alleged to be false are al leged to have been made on the same occasion and before t he same t r i buna l and in respect of t he same subject m a t t e r and are in each case to t h e same effect, whe the r in ident ical te rms or not , all such persons may be t r ied toge ther a t the same t ime a n d before t he same ju ry , provided t h a t each person shal l have his full r i g h t of chal lenge.
2 0 . P a r t X I I of t h e Pr inc ipa l A c t is amended as fo l lows:—
(a) By inser t ing a t t he c o m m e n c e m e n t of section four h u n d r e d and twen ty -n ine t he following
bracke ts and n u m e r a l " (1 ) . "
(b) by adding to the same section the following
n e w subsect ion :—
(2) W h e r e a person of or above the age of s ixteen years a n d under t h e age of e ighteen years is convic ted—
(a)
of an offence under sections seventy-one, seventy- two, or seventy-six of this Act , and t h e j u r y was satisfied t h a t t h e gir l in quest ion was a t t h e t ime of t h e offence of or above the age of four teen years and u n d e r t h e age of s ix teen
y e a r s ; or
(b)
(b)
of an offence under sections 72A, 78A, or 78B ;
he may be dealt wi th in t he m a n n e r provided in subsection one of th is section, or unde r t he provisions of sections sixty-live, s ixty-six, s ixty- seven, and s ix ty-e ight of t he Child We l f a r e
Ac t , 1923.
| 2 1 . | P a r t | X I I | of | the | Pr inc ipa l | A c t | is | fur ther |
amended as follows :—
(a) By omi t t ing sections four h u n d r e d and th i r ty -
two and four h u n d r e d and th i r ty - th ree , and by inse r t ing t he following section :—
432. (1) W h e r e any offender is sentenced to impr i sonment , whe the r for a misdemeanour a t common law, or unde r th is or any o ther Act , or Imper i a l Act , he shall be kept , if a male , to ha rd labour, and if a female, to l i gh t labour , unless t h e cour t shall in and by t h e sentence otherwise direct.
(2) The cour t may , in t he sentence, also requi re the offender to en te r in to a recognizance, wi th or w i t h o u t sureties, for keep ing the peace and being of good behaviour for a t e rm not exceeding th ree years :
Provided t h a t no person shall be imprisoned
under this Act more t h a n one year for not
f inding suret ies . (b)
by inser t ing in section four hundred and th i r ty - seven after t he word " felony " wherever occur
r ing the words " o r misdemeanour . " (c) by omitting section four hundred and forty-two and by inser t ing the following section :— 442. (1) W h e r e by a n y section of th is A c t an offender is made liable to penal servi tude for life or to penal servi tude or impr i sonment for a fixed te rm, t he j udge m a y never theless pass a sentence of c i ther penal servi tude or
impr i sonmen t of less dura t ion .
N o t h i n g in this subsection shall p reven t the
a w a r d i n g of ha rd labour or soli tary confine
m e n t , or wh ipp ing , where a t present au thor ised by
by law, or the d i rec t ing of t he offender to enter in to recognizances to keep the peace and he of
good behaviour .
( 2 ) W h e r e by any section of this A c t
an offender is m a d e liable to a fine of any fixed a m o u n t , t he j u d g e m a y never the less inflict a fine of less a m o u n t .
(d) by inserting the following new section after section four hund red and forty-seven : — 417A. Whosoever escapes from lawful cus tody while unde rgo ing a sentence involving depr ivat ion of l iberty, shall he liable upon recap ture to undergo the pun i shmen t which h e was unde rgo ing at t he t ime of his escape, for a t e r m equal to t ha t du r ing which he was absent from prison after t he escape and before t he expirat ion of t he t e r m of his original sentence, whe the r a t the t ime of his r ecap ture t he t e r m of t h a t sentence has or has no t expired, in addit ion to any pun i shmen t which may be awarded for t he escape.
2 2 . P a r t X I I I of the Pr inc ipa l A c t is amended as fol lows:—By omi t t ing subsection two of section four hund red and s ix ty- three and by inse r t ing the following
new subsec t ion :— (2) A n y such license may be revoked by the
Governor at his discretion, and shall be revoked by
a just ice on proof before h i m in a s u m m a r y wayt h a t t he licensee has been gu i l ty of a breach of any
condit ion of the license. W h e r e a l icense is revoked as aforesaid the person released on l icense m a y be t a k e n by any member of the police force and r e tu rned to gaol, and m a y be deta ined the re to undergo t h e remainder of his sentence.
2 3 . P a r t X I V of t he Pr inc ipa l A c t is amended as
fo l lows:—
(a)
By omi t t i ng from section four h u n d r e d a n d seventy-s ix t he word " twen ty " and by inser t ing t he words " o n e hund red " in l ieu thereof.
( B )
(b)
by omitting from section four hundred and seventy-seven all pa ragraphs after pa ragraph (a) and by inser t ing the following new para graphs :—
(b)
concealment of birth where the accused is the mo the r of t he child, and is no t charged joint ly with any o ther person ;
(c) commi t t ing s imple larceny ; (d) escape from lawful custody ;
(e) s teal ing any cha t te l , money, or va luable securi ty from the person of ano ther ; (f) any offence mentioned in any of the following sections of th is Act , namely , sections one hund red and twenty-five, one hund red and twenty-s ix , one h u n dred and th i r ty -one , one hundred and th i r ty - two , one hund red and th i r ty -
th ree , one hundred and th i r ty- four , one
hund red and th i r ty-n ine , one hundred
and forty, one h u n d r e d and forty-
four, one h u n d r e d and forty-seven, one hundred and for ty-eight , one h u n dred and fifty, one hundred and fifty- one, one h u n d r e d and fifty-two, one h u n d r e d and fifty-four, one h u n d r e d and fifty-six, one hund red and fifty- seven, one hund red and fifty-eight, one hundred and fifty-nine, one hund red and sixty, one hundred and sixty-five, one hundred and sixty-six, one hund red and s ixty-eight , one hundred and s ix ty-nine , one hund red and seventy- nine , one hundred and eighty-s ix , one hund red and e ighty-eight , one hund red
and e ighty-nine , one hundred and
n ine ty , one h u n d r e d and n ine ty- two,
two h u n d r e d and eight , two hund red and sixteen, two h u n d r e d and seven teen, two h u n d r e d and eighteen, two hundred and nineteen, two hundred and twen ty , two hund red and forty-four,
two
two hund red a n d forty-five, two h u n d r e d and forty-six, two hund red a n d forty- seven, two h u n d r e d and for ty-e ight ,
two h u n d r e d and seventy- three , two h u n d r e d and seventy-four, two h u n d r e d
and seventy-f ive;
(g) a t t e m p t i n g to commi t any offence here
inbefore ment ioned .
(c) by omi t t ing from section four h u n d r e d and seventy-eight t h e word " six " and by inser t ing t h e word " t w e l v e " in l ieu thereof ; and by
omi t t i ng t he word " t w e n t y " and inser t ing
t he word "f i f ty " in l ieu thereof.
(d) (i) by inser t ing in section five h u n d r e d t h e
words " a n d d e t e r m i n e " af ter t he word " h e a r . " (ii) by omitting from the same section the
words "a f fec t ing the s a m e . " (iii) b y add ing a t t h e end of the same section t h e words " unless such de te rmina t ion does no t involve a n y de te rmina t ion as to t he t i t le to t he land or to any in teres t there in or
acc ru ing there f rom."
(e) by omi t t i ng from sections five h u n d r e d and
three , five h u n d r e d and five, five h u n d r e d and
seven, five h u n d r e d and eleven, five h u n d r e d and twelve , five h u n d r e d and th i r teen , five hundred and fifteen, five hundred and e ighteen ,
five h u n d r e d twen ty , five hund red and twenty-one , five and nineteen, five hundred a n d
hund red and twen ty - two , five h u n d r e d a n d
twen ty - th ree , five hund red and th i r ty - two , five
h u n d r e d and th i r ty - th ree , five h u n d r e d and.
thirty-five, five h u n d r e d and th i r ty -s ix , five
h u n d r e d and th i r ty-seven, five h u n d r e d and
th i r ty -e igh t , five h u n d r e d and th i r ty -n ine , five
h u n d r e d a n d forty-one, a n d five h u n d r e d and
for ty- two respectively t h e word " a b o v e " before t h e words " t h e value " or " t h e a m o u n t " as t he case m a y be, and by inser t ing t he words " i n addit ion t o " before t he words " a fine " ;
a n d
and by omi t t ing from section fire h u n d r e d a n d seventeen the word " above " whe re secondly occur r ing , and by in se r t ing in the same sec t ion before t h e words " a f i n e " t he words " i n
addition t o . "
(f) by inser t ing in section five hund red and t w e n t y - n ine after t he words " p u n i s h a b l e on s u m m a r y c o n v i c t i o n " t h e words " w h e t h e r unde r t he provisions of section four hund red and seventy- six of th is Act , or o therwise . " (g) by omi t t i ng from subsect ion one of section live -
h u n d r e d and for ty-seven the words " as in any case of a l ike n a t u r e " and by inser t ing in l ieu thereof t h e words " for a t e r m not exceeding six mon ths , and, in defaul t of its be ing entered in to fo r thwi th , t he defendant m a y be
imprisoned for th ree m o n t h s , unless such recognizance is sooner entered i n t o . "
(h) by omi t t i ng from subsect ion two of sec t ion- five h u n d r e d and forty-seven the words " six " a n d " t h r e e " and subs t i tu t ing therefor the words " twelve " and " six " respect ively.
2 4 . P a r t X I V of t h e Pr inc ipa l A c t is fu r the r
| amended by omi t t ing section five h u n d r e d | and one | and |
| t h e | head ing | " L a r c e n y | and | unlawful | t a k i n g , | & c , | of |
| an ima l s , " | immedia te ly | preceding | and | by | inse r t ing | in |
l ieu thereof t he following section :—
501 . (1) Whosoever commits or a t t e m p t s to c o m m i t —
(a) s imple l a rceny ; or (b)
t he offence of s tea l ing any cha t te l , money , or valuable securi ty from the person of
a n o t h e r ; or (c) any offence mentioned in the following
sections of th is Ac t , namely , one h u n d r e d
and twenty-s ix , one h u n d r e d and th i r ty -
one, one h u n d r e d and th i r ty - two, one hun -
dred and th i r ty - th ree , one h u n d r e d and
th i r ty -n ine , one h u n d r e d and forty, one
h u n d r e d and forty-four, one h u n d r e d
a n d
and for ty-eight , one h u n d r e d and fifty,
one hund red and fifty-one, one h u n d r e d and fifty-two ;
a n d the a m o u n t of money or t h e va lue of t he proper ty in respect of which the offence is charged , or of t he reward, does no t exceed ten pounds , shall on convict ion in a s u m m a r y m a n n e r before two
jus t ices be liable to impr i sonmen t for twelve m o n t h s or to pay a fine of fifty pounds .
(2) The jur isdic t ion conferred on two
jus t ices by this section and by section 5 2 6 A of th is Ac t shal l be exercisable only by a s t ipendiary
or police magis t ra te .
2 5 . P a r t X I V of t h e P r inc ipa l A c t is fu r ther
amended by in se r t ing af ter section five h u n d r e d and
twen ty - s ix t h e fol lowing n e w shor t head ing and s e c t i o n : —
Unlawfully using vehicle or boat.
526A. Whosoever , w i t h o u t t he consent of t h e
owner or person in lawful possession thereof—
takes and uses, or takes for t h e purpose of u s i n g
a n y vehicle or boat , or
takes a n y such vehicle or boa t for t he purpose of
secre t ing t he same or ob ta in ing a r eward for
t h e res tora t ion or pre tended finding thereof
or for a n y o the r f r a u d u l e n t purpose , shall on convict ion before two just ices be l iable to impr i sonment for twelve m o n t h s or to pay a fine of
one h u n d r e d pounds .
I n th i s section t he words " v e h i c l e " and " b o a t "
have t he m e a n i n g s ascribed to those words in section 154A.
2 6 . The P r inc ipa l Act is a m e n d e d —
(a) by inser t ing af ter section five h u n d r e d a n d forty-five t he fol lowing new head ing a n d sec t ion :—
( D 1) B O G U S A D V E R T I S E M E N T S .
545A. (1) A n y person who tenders for in
ser t ion or causes to be inser ted in any newspaper
any
a n y bogus adver t i sement , knowing t h e same to be bogus, shall , on convict ion before two
jus t ices , be liable to impr i sonment for t h ree months or to pay a l ine of t w e n t y pounds . (2) F o r the purposes of th is section
a bogus adver t i sement shall m e a n any advert i sement or not ice con ta in ing any mater ia l
false s t a t e m e n t or represen ta t ion wi th respect
to any b i r th , dea th , engagement , marr iage , or employmen t , or with respect to any m a t t e r concern ing any person o ther t h a n the person w h o tenders the adver t i sement or causes it to be inser ted, or concern ing the proper ty of such
o ther person. (b) by inserting in. section one before the heading
" ( E ) A b e t t o r s " the head ing " (D 1) Bogus
adver t i sements—s. 545A."
| 2 7 . | (1) P a r t X I V | of t he Pr inc ipa l A c t is | fu r ther |
amended—
(a)
by inserting the following section and short head ing n e x t after section live hundred and f o r t y - e i g h t : —
Power to commit.
548A. On the hea r ing of a charge for a n y offence referred to in sections five h u n d r e d and one or 520A of this A c t if t he jus t ices are of opinion t h a t t he cha rge should not be disposed of summar i ly they shall abs ta in from any
an ordinary cast; of an indictable offence. adjudicat ion t he case by commi t t a l or holding to bail as in t h e r e u p o n and shall deal w i t h (b)
by omi t t i ng section five h u n d r e d and fifty-four and by inser t ing in l ieu thereof t h e following
n e w sec t ion :—
554. (1) W h e r e v e r impr i sonment is awarded
b y a cour t of s u m m a r y jur isd ic t ion for an offence pun i shab le unde r this , or any other Ac t , the cour t may direct t h a t t he offender be imprisoned in any gaol, with ei ther hard labour or l ight labour.
D (2) (2) The said cour t may , in addi t ion to , or in subs t i tu t ion for any sentence of imprison m e n t , requi re t h e offender to en te r in to a recognizance, wi th or w i thou t a sure ty or sureties, to be of good behaviour for a t e r m no t exceeding twelve m o n t h s — a n d in defaul t of en t e r ing into such recognizance, may direct that, the offender be imprisoned, or fur ther impr isoned, for a period not exceeding th ree mon ths , unless such recognizance is sooner en te red into :
Provided tha t in no case shall t he total t e rm of such impr i sonment and fur ther impr i sonment toge ther exceed twelve mon ths . (3) W h e r e a person is convicted of any offence by the said court , t he court may on such convict ion or at any t i m e thereaf ter upon notice given to t he offender direct t h a t a sum not exceeding fifty pounds be paid out of t he proper ty of t he offender to any person aggr ieved by way of compensat ion for in ju ry or loss sustained by reason of the commission of such offence, and in default of paymen t of t he s u m awarded may direct t ha t the offender be imprisoned or fu r ther imprisoned for a period not exceeding six mon ths :
Provided tha t in no case shall the total t e r m of such impr isonment a n d fur ther
impr i sonment
together exceed twelve months . 2 8 . P a r t X V of t he Pr inc ipa l Act is amended as
follows :—
(a) In paragraph two of section five hundred and
fifty-eight :— (i) by inserting after the words " for a
p e r i o d " the words " which shal l no t be less t h a n twelve m o n t h s " ; (ii) by omi t t i ng the words " e q u a l to t h e t e rm of t he sentence or if t he t e rm of t h e sentence is less t h a n twelve m o n t h s t hen for the period of twelve m o n t h s " ;
(iii)
(iii) by omi t t i ng t he word " l i k e " and subst i - t u t ing therefor t he word " said " ;
(iv) by omi t t i ng t he words " h e r e i n a f t e r c o n t a i n e d " after t he word "provis ions" and by inser t ing in lieu thereof the words "of th is A c t " ;
(v) by inserting at the end of the para- g raph the following w o r d s : " S u c h recognizance m a y also conta in add- tional condit ions with respect to all or any of the following mat te r s :—
(i) The supervision of the offender by a probat ion officer d u r i n g the period specified in the recognizance and such other condit ions for secur ing such supervision as may be specified therein.
(ii) F o r prohib i t ing t he offender from associating wi th thieves and other undesirable persons, or from fre quen t ing undesirable places.
(iii) As to the abstention of the offender
from in toxica t ing l iquor. (iv) Genera l ly for secur ing t h a t t he offender shall lead an hones t and
industr ious life."
(b) (i) by inser t ing in subsection two of section
five hundred and fifty-nine after the words
section five hundred and fifty-eight, sub- direct that the recognizance ment ioned in " of any such o r d e r " t he words " o r m a y section two, shall he fur ther condit ioned t h a t the offender shal l per form any order made or any direct ions given under sub- section one of this section, and may in the sentence passed upon the offender sentence h im to such addi t ional t e rms as to the cour t may seem fit t ing to be served by h im in t he event of his fai lure to give such secur i ty or to comply wi th such condit ion of t he recognizance " ;
(ii)
(ii) by adding at the end of subsection two of t he same section t he words " or recognizance
so condit ioned be ing entered i n t o . "
(c) by inserting the following section next after section five hundred and sixty :— 500A. (1) The Governor m a y appoin t pro ba t ion officers for t h e purposes of this Act , and may m a k e regula t ions re la t ing to t h e supervision of offenders by such proba t ion officers.
(2) Such, r egu la t ions s h a l l — (i) be publ i shed in t h e Gazet te ;
(ii) t ake effect f rom the da te of publ ica t ion , or from a la ter date to be specified in
such r e g u l a t i o n s ; (iii) be laid before both Houses of Parlia
m e n t wi th in four teen s i t t ing days after
publ icat ion if Pa r l i amen t is in session, and if not, then wi th in fourteen s i t t ing days after t he commencemen t of t h e n e x t session. If e i ther House of Pa r l iament passes a resolut ion of which not ice has been given a t any t i m e wi th in
fifteen s i t t ing days af ter such regula-
t ions have been laid before such H o u s e
disal lowing any regu la t ion or p a r t
thereof, such regu la t ion or pa r t shall t he r eupon cease to have effect.
(d) by omi t t i ng section five hundred and s ix ty-one and inser t ing t h e following section in l ieu thereof :— 561 . (1) If du r ing t h e period specified in the recognizance an offender so d i scharged—
(a)
is proved to any j u d g e or jus t ice to have failed to comply wi th a n y condit ion of his recognizance or to repor t his address and occupat ion to t h e person a t t h e t imes and in t he m a n n e r prescribed by section five h u n d r e d and sixty ; or
(b) is charged by an officer of police with
ge t t ing his l ivelihood by dishonest
m e a n s
means , and, be ing b rough t before any just ice , it appears to such jus t ice t ha t t he re a re reasonable grounds for believ ing t h a t he is ge t t ing his livelihood by dishonest means ; or
(c) on being charged with an offence punish able on ind ic tment , or s u m m a r y con viction, a n d on being required by t h e jus t ices before w h o m he is charged to g ive his n a m e and address, refuses to do so, or gives a false n a m e or a false
a d d r e s s ; or (d) is convicted of any offence against the Vagrancy Ac t , 1902, or of any in dictable offence, or of any offence punishable on s u m m a r y convict ion, and for which impr i sonment for a period exceeding one month may be imposed ;
t hen , and in any of such cases, the j u d g e or the jus t ice or jus t ices before whom such proof is given, or before w h o m t h e offender is so charged, or convicted, may , w h e t h e r t h e period named in the recognizance has or has not expired, forfeit t he recognizance, and m a y direct h i m to be commi t t ed to prison to perform his sen tence as aforesaid or so m u c h thereof as remains to be performed, u n d e r t he provisions hereinbefore contained, and he shall be so commi t t ed accordingly, and the j u d g e or
jus t ice or jus t ices m a y gran t any necessary
w a r r a n t for his commit ta l .
(2) U p o n t he product ion of a certificate
unde r the hand of the clerk of t he peace s ta t ing tha t t he recognizance is liable to be forfeited or t h a t the offender is liable to be commi t t ed to prison any j u d g e may exercise all or any of
the powers vested by subsect ion one of this
section in the j udge or jus t i ce or jus t ices
therein ment ioned . 2 9 . The L u n a c y Ac t , 1898, is amended by inser t ing
| in section seventy-two af ter the word | " p e r m i t " | t he |
| words | " a n y such person or ." | |
|
in subsect ion one of section one hund red and twen ty -
five after t h e word " vary " t he word " i n c r e a s e . "
3 1 . The H a b i t u a l Cr iminals Act , 1905, is amended as fol lows: —
(a) (i) By inser t ing at the beg inn ing of section
three the brackets and numera l " ( 1 ) " ;
(ii) by omi t t ing p a r a g r a p h s (a) and (b) of t he same section and by inser t ing the following new paragraphs in lieu thereof :—
(a)
"When such person is so convicted of an offence included in classes (i) (ii) (iii) (iv) of t he offences men tioned in the Schedule and has been previously so convicted on a t l eas t two occasions of an offence within any of such classes; or has been previously so convicted on one occasion of an offence wi thin any of t he said classes and on two occasions of an offence within class (v) of t he offences ment ioned in the Schedule , the j u d g e before whom such person is so convicted may in his discretion declare as pa r t of t h e sentence of such person t h a t he is an hab i tua l c r iminal .
(b)
When such person is so convicted of an offence included in class (v)
of the offences ment ioned in the Schedule and has previously been convicted ei ther on indic tment or summar i ly on at least t h r ee occasions, of an offence wi th in the same class or on at least two occasions of an offence wi th in t h e same class and on one occasion of a n offence wi th in any other such class such j u d g e may in his discretion declare as aforesaid tha t such person is an hab i tua l c r iminal .
(iii)
(iii) by inserting in the same section before the
last pa rag raph the following new sub sections :—
(2) W h e r e a person is convicted before a s t ipendiary or police magis t ra te of an offence punishable summar i ly with or wi th out the consent of the accused under any of the following sections of the Crimes Act , 1900, as amended by the Crimes (Amend m e n t ) Act , 1921 , namely , sections four hund red and seventy-seven, five h u n dred and one, or 526A, and such person has been previously convicted e i ther on i n d i c t m e n t or summar i ly on more than three occasions of an offence comprised in any of the classes in the Schedule, t he s t ipendiary or police magis t ra te may, in his discretion, in addition to the sentence, direct tha t an application be made by the clerk of t he peace to a j udge of the Supreme Court or to a cour t of quar te r sessions to have the person so convicted declared an h a b i t u a l c r iminal .
(3) A j u d g e of the Supreme Court or a cour t of quar te r sessions may, upon the applicat ion of the clerk of the peace, by warrant declare the person so convicted to
be an habi tual c r iminal . (iv) by inserting before the last paragraph the
brackets and numera l " (4) ."
(b) by omitting the proviso to section six and by inser t ing in lieu thereof the words " T h e par t of such proceeds to be paid to the habi tua l
cr iminal shall be fixed by regu la t ion . " (c) (i) by omi t t ing from section seven the Words " by his warrant direct his release " and by inser t ing in lieu thereof the words " g r a n t
to him a wr i t ten license to be a t large,
subject to such condit ions endorsed on the
license as the Governor shall p r e s c r i b e " ; (ii)
(ii) by inserting in the same section after the word " period " the words " fixed by t h e license or w h e n no period is so fixed du r ing
t h e per iod."
(d) by inserting in section eight after the word
" f a i l e d " t he words " t o comply wi th a con dit ion of the license or ."
(e)
by inserting in section twelve after the words " ten shill ings " t he words " or conf inement in cells for any t e rm not exceeding th ree days . "
(f)
by omitting the whole of the Schedule and by inser t ing the following Schedule, in i ts place:—
S C H E D U L E .
Classification of offences for the purposes of this Act.
Class ( I )—Crimes Act , 1900—Sections 33 to 37 inc lus ive—Wounding . „ ( I I ) „ ,, Sections 38 to 41 inclusive—Poisoning,
(III) „ „ Sections 62 to 81 inclusive—Sexual offences.
,, (IV) ,, „ Sections 83 to 84 inclus ive—Abort ion. „ (V) „ „
Sections 94 to 98 inc lus ive—Robbery . Sections 99 to 105 inclus ive—Extor t ion. Sections 106 to 114 inclus ive—Burglary ,
&c.
Sections 117 to 131 inclusive, 134 to 139 inclusive, 148 to 153 inclusive— Larceny.
Sections 155 to 178 inclusive—Embezzle
ment .
Sections 179 to 193 inclusive—False
pretences.
Sections 19G to 204 inclusive, 209 to
217 inclusive, 221 to 226 inclusive, 228 to 243 inclus ive—Arson and injuries to proper ty .
U n d e r any of t he sections in Part; V
of the Crimes Act, 1900—Forgery .
U n d e r any of the sections in P a r t V I
of the Crimes Act , 1900—Coinage.
U n d e r the Crimes (Amendmen t ) A c t ,
1905—Fraudu l en t misappropriat ion.
3 2 . The Criminal Appea l A c t of 1912 is amended by inse r t ing the following section n e x t after section f i ve :—
5 A . The j u d g e before whom a n y person is t r ied and convicted may submi t any quest ion of law
ar is ing
ar is ing a t or in reference to such t r ia l or convict ion to t he Cour t of Cr imina l Appea l for de te rmina t ion , and such submission shall be dealt with as if it were an appeal under th i s Ac t .
3 3 . The Cr iminal Appea l Act of 1912 is fu r the r amended by the insertion of the following new sections nex t after section 5A : —
5B. A Court of Quar t e r Sessions may submi t any question of law ar is ing on any appeal coming before it to the Cour t of Criminal Appeal for de te rmina tion and such submission shall be dealt wi th as if it were an appeal under this Act .
5c. W h e r e t he Sup reme Court or a Cour t of Q u a r t e r Sessions has quashed any information or indictment, or any count thereof the At to rney- General may appeal to the Court of Cr iminal Appeal against the order made, and such court m a y thereupon de te rmine the appeal and if the appeal is sustained may m a k e such order for the prosecut ion of the trial as may be necessary.
5D. The At torney-Genera] may appeal to t he Court of Criminal Appeal agains t any sentence pronounced by the Supreme Court or any Court of Q u a r t e r Sessions and the Court of Cr iminal Appea l may in i t s discretion vary the sentence and impose s u c h sentence as to the said Cour t may seem proper .
3 4 . The J u r y Act , 1912, is amended by inser t ing
after subsection two of section twenty-seven t h e fol lowing new subsection :—
(3) Upon the tr ial of any person for a felony other than murder , Treason, or t reason felony, t he Cour t may . if it sees fit, at any t ime before t he j u r y consider the i r verdict , pe rmi t t he ju ry to separate in the same way as t he j u r y upon the t r ia l of any person for misdemeanour are pe rmi t t ed to separate .
S C H E D U L E .
S C H E D U L E .
Reference to Aet. Title or thort title. | Extent of repeal.
I _ _ _ _ _
" I ' " j
No. 2, 1910 . . . Crimea (Girls' P ro tec t ion! Act,! The, whole Act . 1010.
iS'o. 2 1 , 1 9 1 1 ... Crimes: Girls ' Protection) Amcnd-i The whole Act .
n im t Art , 1911. i
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