Juvenile Offenders Act 1850 No 2a (NSW)

No. II .

A n A c t for the more speedy trial and punishment

of Juvenile Offenders. [19th July, 1850.]

WHEREAS in order in certain cases to ensure the more speedy

trial of Juvenile Offenders and to avoid the evils of their long imprisonment previously to trial it is expedient to allow of such offenders being proceeded against in a more summary manner than is now by law provided and to give further power to bail them Be it there­ fore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That every person who shall subsequently to the passing of this Act be charged with having committed or having attempted to commit or with having been an aider abettor counsellor or procurer in the commission of any offence which now is or hereafter shall or may be by law deemed or declared to be simple larceny or punishable as simple larceny and whose age at the period of the commission or attempted commission of such offence shall not in the opinion of the Justices before whom he or she shall be brought or appear as hereinafter mentioned exceed the the age of fourteen years shall upon conviction thereof upon his own confession or upon proof before any two or more Justices of the Peace for any city town or place within the Colony of New South Wales in Petty Sessions assembled at the usual place and in open Court bo committed to the common gaol or house of correction within the jurisdiction of such Justices there to be imprisoned with or with­ out hard labor for any term not exceeding three calendar months or in

in the discretion of such Justices shall forfeit and pay such sum not exceeding three pounds as the said Justices shall adjudge Provided always that if such Justices upon the hearing of any such case shall deem the offence not to he proved or that it is not expedient to inflict any punishment they shall dismiss the party charged on finding surety or sureties for his future good behaviour or without such sureties and then make out and deliver to the party charged a certificate under the hands of such Justices stating the fact of such dismissal and such cer­ tificate shall and may be i n the form or to the effect set forth in t h e Schedule to this Act annexed marked A Provided also that if such Justices shall be of opinion before the person charged shall have made his or her defence that the charge is from any circumstance a fit sub­ ject for prosecution by information or indictment or if the person charged shall upon being called upon to answer the charge object to the case being summarily disposed of under the provisions of this Act such Justices shall instead of summarily adjudicating thereupon deal with the case in all respects as if this Act had not been passed.

2 . And be it enacted That any t w o or more Justices of the Peace for any city town or place w i t h i n the said Colony in Petty Sessions assembled and in open Court before whom any such person as aforesaid charged wi th any offence made punishable under this Act shall be brought or appear a r e hereby authorized to hear and determine the case under the provisions of this Act.

3 . And be it enacted That every person who shall have

obtained such certificate of dismissal as aforesaid and every person who shall have b e e n convicted under the authority of this Act shall be released from all further or other proceedings for the same cause.

1. And for the more effectual prosecution of offences punish­

able upon summary conviction by virtue of this Act Be it enacted That where any person whose age is alleged not to exceed fourteen years shall be charged with any such offence on the oath of a credible

w i t n e s s before any Justice of the Peace such Justice may issue his
summons or warrant to summon or to apprehend the person so charged to appear before any two Justices of the Peace in Petty Sessions assembled as aforesaid at a time and place to be named in such sum­

mons or w a r r a n t .

5. And be i t enacted That any Justice or Justices of the Peace

if he or they shall think fit may remand for further examination or for trial or suffer to go at large u p o n his or her finding sufficient surety or

any such offence as aforesaid and every such surety shall be bound by	sureties any such person as aforesaid charged before him or them wi th
recognizance to be conditioned for the appearance of such person before the same or some other Justice or Justices of the Peace for further examination or for trial before two o r more Justices of the Peace in Petty Sessions assembled as aforesaid or for trial at some superior Court as the case may be and every such recognizance may be enlarged
f rom time to time by any such Justice or Justices to such further time
as he or they shall appoint and every such recognizance which shall not be enlarged shall be discharged without fee or reward when the party shall have appeared according to the condition thereof.
6. And be it enacted That every fine imposed by any Justices under the authority of this Act shall be paid to Her Majesty Her Heirs and Successors to be applied for the public uses of the said Colony and i n support of the Government thereof in such manner as from time to time m a y be directed by any Acts of the said Governor and Legislative Council.

7. And be it enacted That it shall be lawful for any Justice

of the Peace b y summons to require the attendance of a n y person as a witness upon the hearing of a n y case before two Justices under the

authority

authority of this Act at a time and place to he named in such sum­ mons and such Justice may require and hind by recognizance all persons whom he may consider necessary to he examined touching the matter of such charge to attend at the time and place to be appointed by him and then and there to give evidence upon the hearing of such charge and in case any person so summoned or required o r bound as aforesaid shall neglect of refuse to attend in pursuance of such summons or recognizance then upon proof being first given of such person's having been duly summoned as hereinafter mentioned or bound by recognizance as aforesaid it shall be lawful for the Justices before whom any such person ought t o have attended to issue their warrant to compel his appearance as a witness.

8. And be it enacted That every summons issued under the authority of this Act may be served by delivering a copy of the summons to the party or by delivering a copy of the summons to some inmate at such party's usual place of abode and every person so required by any writing under the hand or hands of any Justice o r Justices to attend and give evidence as aforesaid shall be deemed t o have been duly summoned.
9. And be it enacted That the Justices before whom any person shall be summarily convicted of any such offence as hereinbefore mentioned may cause the conviction to be drawn up in the form of words set forth in the Schedule to this Act annexed marked B or in any other form of words to the same effect which conviction shall be good and effectual to all intents and purposes.

1 0 . And be it enacted That no such conviction shall be quashed

for want of form or be removed by certiorari or otherwise into any of Her Majesty's Supreme Courts of Record and n o warrant of commit­ ment shall be held void by reason of any defect therein provided it be therein alleged that the party has been duly convicted and there be a good and valid conviction to sustain the same.

1 1 . And be it enacted That the Justices of the Peace before

whom any person shall be convicted under the provisions of this Act shall forthwith thereafter transmit the conviction and recognizances to the Clerk of the Peace of the place or district or the Clerk of the Peace nearest to the place or district where any such person shall have been convicted as aforesaid to be kept by him among the Records of the Court of General Quarter Sessions of the Peace.

1 2 . And be it enacted That no conviction under the authority

of this Act shall be attended with any forfeiture but whenever any

be lawful for the presiding Justices to order restitution of the property

person shall be deemed guilty under the provisions of this Act it shall

in respect of which such offence shall have been committed to the owner thereof or his representatives and if such property shall not then be forthcoming the same Justices whether they a w a r d punish­ ment or dismiss the complaint may inquire into and ascertain the value thereof in money and if they think proper order payment of such sum of money to the true owner by the person or persons con­ victed either at one time or by instalments at such periods as the Court may deem reasonable and the party or parties so ordered to pay shall be liable to be sued for the same as a debt in any Court in which debts may be by law recovered with costs of suit according to the practice of such Court

1 3 . And be it enacted That when any Justices of the Peace

shall adjudge any offender to forfeit and pay a pecuniary penalty under the authority of this Act and such penalty shall not be forthwith paid it shall be lawful for such Justices if they shall deem it expedient t o appoint some future day for the payment of such penalty and to order the offender to be detained in safe custody until the day so t o be

appointed

appointed unless such offender shall give security to the satisfaction of such Justices for his or her appearance on such day and such Justices are hereby empowered to take such security by way of recognizance or otherwise at their discretion and if at the time so appointed such penalty shall not be paid it shall be lawful for the same or any other Justices of the Peace by warrant under their hands and seals to commit the offender to the common gaol or house of correction within their jurisdiction there to remain for any time not exceeding three calendar months reckoned from the day of such adjudication such imprisonment to cease on payment of the said penalty.

14. And for the protection of persons acting in the execution of this Act Be it enacted That all actions and prosecutions to be com­ menced against any person for anything done in pursuance of this Act shall be commenced within three calendar months after the fact com­ mitted and not otherwise and notice in writing of such action or prosecution and of the cause thereof shall be given to the defendant one calendar month at least before the commencement of the action or prosecution and in any such action or prosecution the defendant may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought or if a sufficient sum of money shall have been paid into Court after such action brought by or on behalf of the defendant and if a verdict shall pass for the defendant or the plaintiff shall become nonsuit or discontinue any such action or prosecution after issue joined or if upon demurrer or otherwise judgment shall be given against the plaintiff the defendant shall recover his full costs as between attorney and client and have the like remedy for the same as any defendant hath by law in any other eases and though a verdict shall be given for the plaintiff in such action the plaintiff shall not have costs against the defendant unless the Judge before whom the trial shall be shall certify his approbation of the action and of the verdict thereupon.
15. And be it enacted That this Act may be amended or repealed
by any Act to be passed by His Excellency the Governor of the Colony

of New South Wales with the advice of the Legislative Council thereof.

SCHEDULES TO W H I C H THIS ACT REFERS.

A.

Form of Certificate of Dismissal.

To wit.

W E	of Her Majesty's Just ices of the Peace for the
(city town or place as the case may he)	do hereby certify That on the

day of	in the year of our Lord	at
in the said	(city town or place)	M. N . was brought before us the said

Justices charged with the following offence that is to say	(Here slate briefly the
particulars of the charge)	and that we the said Just ices thereupon dismissed
the said charge.

Given under our hands this day of

B.

B.

Form of Conviction.

To wit.

B E it remembered That on the	day of	in the year of our
Lord one thousand eight hundred and	at	in the Colony

of New South "Wales A. 0 . is convicted before us J . P . and Q. It . two of Her Majesty's Just ices of the Peace for the (city town or place as the case may he) for tha t he the said A. 0 . did (specify the offence and the time, and •place when and where, the. same was committed as the case may be hut without setting forth the evidence} and we the said J . P. and Q. R. adjudge the said A . 0 . for his said offence to be imprisoned in the

(or to be imprisoned in the and there kept to hard

labor) for the space of (or adjudge the said A. (). for his said offence

to forfeit and pay (here, state the. penalty actually imposed) and in default of

immediate payment of the said sum to be imprisoned in the	(or to be
imprisoned in the	and there kept to hard labor) for the space of

unless the said sum shall be sooner paid.

Given under our hands and seals the day and year first above mentioned.