Larceny Summary Conviction Ordinance 1856 (WA)

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20 VICTORIIE. No 5

Justices of the Peace, de.

WESTERN AUSTRALIA

ANNO VICESIBIO

VICTORIIE REGINA

No. 5

An Ordinance for the more speedy Trial and Punishment

of Offences in certain cases of Larceny.

[Assented to 30th June, 1856.

Preamble

WHEREAS in order to promote the more speedy trial of persons

charged with the simple larceny of property under the value of five pounds sterling, and to avoid their long imprisonment previously to trial, also the expense of sending many witnesses to the Quarter Sessions, it is expedient to allow of such persons being proceeded against in a more summary manner than is now by law provided : Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof :—

Power ofJustices

1. That any person not being a convict under an unexpired or

at Petty Sessions

to punish unremitted sentence of penal servitude or transportation who shall

summarily subsequently to the passing of this Ordinance be charged before any

Justices of the Peace assembled at Petty Sessions as hereinafter pro- vided with having committed or attempted to commit simple larceny, or with having aided, abetted, counselled or procured the commission of any offence which either now is or hereafter may be deemed or declared to be simple larceny, and if the value of the whole of the property so alleged to have been stolen or attempted to be stolen does

Where they deem not in the judgment and discretion of the said Justices exceed five

the value not to pounds sterling, shall upon conviction thereof, upon his own con-

exceed 51. fession or upon proof before any two or more Justices in Petty

Sessions assembled, be committed to any gaol within the said Colony, there to be imprisoned with or without hard labour as the Bench shall

If Bench deem deem fit for any term not exceeding six calendar months : Provided

charge r may always that if such Justices shall deem the offence not proved theyey

dism and may shall dismiss the charge, and may at their discretion make out and

mert'neat; deliver to the person charged a certificate under their hands stating

obliged

Ito

e not

the fact of such dismissal ; and every such conviction and certificate respectively may be in the Forms A and B in the Schedule hereunto

lint convent, as aforesaid do not consent to have the case heard and determined by

If personcharged annexed or to the like effect : Provided also that if the person charged

or if Bench in their discretionsuch Justices, or if it appear to such Justices that the offence is one

do not choose to which is from the attendant circumstances fit to be made the subject

give him the

choice, thenof prosecution by indictment rather than to be disposed of summarily,

proceed as usual such Justices shall, instead of summarily adjudicating thereon, deal

and commit to with the case…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.