No* 10.
An Act to provide for | the Trial of | O$-'enders without the iutervention |
[Assented to l l | th November, | l85 2. ] |
W HEREAS it is expedient to provide for the trid of | abolished. |
without the intervention of | a Grand Jury, and to relieve the |
persons liable to serve as Grand Jurors from the necessity of
serving in that capacity:
Be it therefore Enacted, by the Lieutenant-Governor of
Australia, with the advice and consent of the Legislative Council thereof, T h t from and after the passing of this Act, no person shall he summoned, or liable to serve upon any Grand Jury, and that so much of an Ordinance, No. 12 of one thousand eight hundred and forty-three, to rebulate trials by Jury in South ~ustralia, ' as provides that no person shall be put on trial on any indictment, at any Criminal Session of the Supreme Court, unless the bill of such indictment shall first have been presented to a Grand Jury, on the prosecution of Her Majesty's Attorney or Advocate-General, and shall have been returned by them a true bill, shall be, and the same is, hereby repealed.
2. | And be it Enacted, That any person may be put upon his trial | tried |
on informations pre-
at Court, any crime by Advocate-
any Criminal Semion of the Supreme for or* sented or Attorney-Gcnernl in the same manner as heretofore upon an indictment returned by a Grand Jury; and every provisiou of the common law, and of Acts of Parliament, and of Ordinances, for the
offence whatsoever, upon an information presented to the said
time being in force within the said Province relating to indietment~, | --. |
and to the manner and form of pleading thereto, and to the tr id thereon, and generally to all matters subsequent to the finding of the
indictment, shall apply to any information to be so presented as aforesaid: Provided that in every case in which any person shall have been committed to take his trial at a Criminal Sessions of the Supreme Court by any Special Magistrate, or by two Justices of the Peace for the said Province, it shall be incumbent upon such Advocate or Attorney-General to cause an information to be presented against such person for the off'ence in respect whereof he shall have been so counmittcd, or for snch offence as shall appear by the depositions taken against such person to be chargeable against him, or if upon exanlining the depositions taken in ally case, the said Attorney or Advocate-Gencral shad1 find that there is no reasonable ground for putting the person accused upon his trial- for any offcnce whatever, then hc shall certify such his opinion in m~itiiig, under his hand, to the J u d ~ e or Judges presiding at the Criminal Hessiou whereat the information ag~ziust such accused person ought under ordinary circumstanceti to be presented.
16twemc court may | 3. And be it Enacted, That it shall be lawful for the Master or other chief Officer, to be appointed by the Court ill that behalf, by leave of such Court, to file a crinlind inforination in any case in which, by leave of the Court, tbe Clcrk of' the Crown or Master of the Crown Office may file an informatian in Her 1\;Iajesty7s Court of Queen's Bench at Westminster, and upon such information beiug filed, the same recognizances shall he entered iuto by the party a t whose instance it is procured to be exhibited as are rcquired by the law of England in the like case, and which recogniznnccs may be taken before R ,Judge, or the Master, or snch other chief Officer as aforesaid, ancl slm11 be ~eturned forthwith into the Supreme Court, or before a J~lstice of the Peaee for the said Province, and thereafter the same proceedings shall as nearly as circumstances will permit be had upon snch information as are prescribed by the practice of' Her Majesty's Court of Queen's Bench aforesaid, with regard to criminal informations filed therein |
metions,
by leave of the Court,
Passed the Legislative Council this second day of
November, one thousand eight hundred
and fiftytwo.
F, C. SINGLETON,
Clerk of the Legislative Council.
I n the name and on the behalf of Her Majesty I assent to this Act.
11. E. F. YOUNG,
ldieutenant-Governor.
Government House, Adelaide,
November 11, 1852.
ADELAIDE: | Printed by authority hp W. C. Cox, Government Printer, Tictoria-sqnare. |