Larceny Summary Conviction Ordinance 1856 (WA)

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 in all respects as if this Ordinance had not been passed :the Sessions

Provided further that if upon the hearing of the charge and the evidence such Justices shall be of opinion that there are circum- stances in the case which render it inexpedient to inflict any punish-

20 VICTORIE. No. 5

Justices of the Peace, iCt.

ment, they shall have power to dismiss the person charged without MsBele.e" sish t

proceeding to a conviction : Provided also that if in such last-men- choose togingia tioned cases the Justices shall be of opinion that there are circum- 11'7 may dismiss cli

stances of strong suspicion against the person charged, they shall they

have power at their full discretion to refuse the certificate according ijell'irsthe as

to Form B in the Schedule hereunto annexed, which in no case they they think proper

In no case can

shall be compelled or compellable to make out. they be cam-

2. That after the information has been read and before any palled to give it

evidence is given in support thereof, one of the said Justices shall n aceentea Naas

say to the person so charged as aforesaid as follows, or words to the consent if he

like effect A.B., if you object to the present Bench deciding this jury

your case summarily and at once, and if you demand to be tried by a jury at the Sessions, now is your time to say so, for after evidence The proper time	given or commenced you will not be allowed any choice ; ' such Igbeiortogslence
question and the answer thereto to be recorded in the minutes, and guru
if the person so charged as aforesaid shall demand to be committed for trial at the Sessions, the said Justices if they do not see cause to dismiss the case shall proceed to deal with the same as if this Ordinance had not been passed ; and if the person so charged as aforesaid shall consent to the charge being summarily tried and determined as aforesaid, then the Justices shall reduce the charge into writing and read the same to the person so charged, and shall ask him if he be guilty of such charge ; and if the person shall say
that he is guilty the Justices shall then proceed to pass such sentence u accused person upon him as may by law be passed, subject to the provisions of this j,in,s,acTidniat33: theOrdinance in respect to such offence, but if the person so charged sentence him
shall say that he is not guilty the Justices shall then inquire of such person whether he has any defence, and if he shall state that he has a defence, then the Justices shall hear such defence and then After prisoner
proceed to dispose of the case summarily : Provided always that, not- has elected to he withstanding such election as aforesaid by the person charged to be lletich mnymar:y summarily tried by the Justices present, it shall be lawful for them 2teerf'stiTessi Flo"nss or a majority of them at any time before the person charged be called notwithstanding uponupon for his defence to announce to him that the case will absolutely But they must
be sent to the Sessions for trial, if they deem it a fit and proper Ins defence him so before
subject for prosecution by indictment or by information ; in which case they shall proceed as usual, the same as if this Ordinance had not Then proceed as
been passed. usual

3. That where any person is charged before any Justices at such Persons charged

Petty Sessions as aforesaid with simple larceny (the property alleged iatiotivielartelvTlt:tee"

to have been stolen exceeding in value five pounds sterling), or stealing of trim' u:cadfrom the person, or larceny as a clerk or servant, and the evidence, sentenced by

pleted, is in the opinion of such Justice sufficient to put the person so

charged upon his trial for the offence with which he is charged, such

when the case on the part of the prosecution shall have been com- Petty Bench disposed of in a summary way, and may be adequately punished by virtue of the powers of this Ordinance, shall reduce the charge into writing, and shall read it to the said person, and shall then ask him whether be is guilty or not of the charge ; and if such person shall say that he is guilty such Justices shall thereupon cause a plea of guilty to be entered upon the proceedings and shall convict him of

20 VICTORDE. No. 5

Justices of the Peace, t0e.

such offence, and shall commit him to the common gaol, there to be imprisoned, with or without hard labour, for any term not exceeding six calendar months ; and every such conviction may be in the Form C in the Schedule hereunto annexed, or to the like effect :

explain to him whether he be guilty or not, shall explain to him that he is notthat lee need not	But Bench must Provided always that the said Justices, before they ask such person
plead at all obliged to plead or to answer before them at all, and that if he do not And not forget plead or answer he will be committed for trial in the usual course, in^ that histhe usual warn- and shall in no case neglect the usual warning that he is not obliged
words may be to say anything, but that what he does say may be used in evidence
used against him against him.
It is a fixed rale
that prisoners4. That in every case of summary proceeding under this Ordinance
are entitled to and to have all witnesses examined or cross-examined by his counselhave the assist- before a Justice the person accused shall be allowed to make his full answer or defence,
such being regu- ance of counsel, or attorney, such being regular and recognised practitioners of this
lar practitioners Colony.
Bench may order 5. That it shall be lawful for the Justices by whom a person is
restitution after convicted under this Ordinance to order restitution of the property
conviction

stolen or taken after conviction that the same has been so stolen or

taken.

A man who can	6. That every conviction under this Ordinance shall have the
produce Certifi-

cate B can never	same effect that a conviction by indictment would have had, save
be subject to	that no conviction under this Ordinance shall be attended with any
renewed proceed.
ings	forfeiture ; and every person who shall obtain a certificate of dis- missal, or who shall be convicted under this Ordinance, shall be released from all further or other criminal proceedings for the same
Cause.
Conviction not to	7. That no conviction, sentence or proceeding under this Ordinance shall be quashed for want of form, and no warrant of commitment upon a conviction shall be held void by reason of any defect therein, if it be therein alleged that the offender has been convicted, and if there be a good and valid conviction to sustain the same.
be quashed for
want of fonn
Justices may	8. That when any charge is summarily adjudicated upon under this Ordinance, or an offender is under this Ordinance convicted by Justices in Petty Sessions upon a plea of guilty, it shall be lawful for the Justices by whom such charge has been adjudicated upon or offender convicted, upon the request of any person who has preferred the charge or appeared to prosecute or to give evidence against the person charged, if such Justices think fit so to do, to grant a certificate to such person of the amount of the compensation which such Justices may deem reasonable for his expenses, trouble and loss of time therein ; and such certificate shall be valid and entitle the party to receive the same, in like manner as if it were an order of a Superior Criminal Court.
allow expenses

Incases of wilful	9. And whereas it is expedient to amend the law as to witnesses
or malicious

injuries to pro- in cases of wilful or malicious injuries to property : Be it further

perty the parties enacted that in all cases where any Justice or Justices of the Peace

aggne"a may have, or shall hereafter have, power to order a sum of money to be

and can receive

compensation, forfeited and paid to the party aggrieved as amends or compensation

even though

examined as	for any injury to property, real or personal, the right of such party to
witnesses	receive the money so ordered to be paid shall not be affected by such

20 VICTORI2E. No. 5

Justices of the Peace, tOc.

party having been examined as a witness in proof of the offence, any

law or statute to the contrary notwithstanding.

10. That in the interpretation of this Ordinance the word ' property ' shall include everything included in the words, chattel, money, or valuable security,' as used in the Act of the Session holden in the seventh and eighth years of the reign of King George the Fourth, chapter twenty-nine : and in case of any 'valuable security,' the value of the share, interest, or deposit to which the security may relate, or of the money due thereon and secured thereby, and remaining unsatisfied, or of the goods or other valuable thing mentioned in the warrant or order, shall be deemed the value of such security.	terms
Interpretation of
11. That this Ordinance may be cited as the Larceny Summary Conviction Ordinance, 1856.'	Short title

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.

SCHEDULE A

FORM OF CONVICTION

Western Australia,}

To Wit.

Be it remembered that on the day of , in the year of

our Lord , at , in the said Colony of Western Australia, A.B., being charged before us, the undersigned, of Her Majesty's Justices of the Peace for the said Colony, and consenting to our deciding upon the charge summarily, is convicted before us, for that he the said A.B. (here state the offence, including time and place, when, where, and how committed, kind of property, &c.); and we adjudge the said A.B., for his said offence, to be imprisoned in the Common Gaol at , in the said Colony (and to be kept to hard labour), for the space of

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

, in the Colony aforesaid.

C. D., J.P. (L.s.) E. F., J.P. (L.s.)

FORM OF CERTIFICATE OF DISMISSAL

(Take Notice—this is always given voluntarily by the Bench, and can in no case be claimed as a right. It has the effect of barring all future criminal pro- ceedings for the same charge : therefore the charge should be described with as much precision as possible.)

Western. Australia,}

To Wit.

We, of Her Majesty's Justices of the Peace for the Colony of

Western Australia, certify that on the day of

, in the year of our Lord , at , in the said Colony, A.B., being charged before us, and consenting to our deciding upon the charge summarily, for that he, the said AS. (here state clearly and precisely the offence charged, the time and place, when and where, alleged to be committed, and the name of complainant), we did, having summarily adjudicated thereon, dismiss the said charge.

Given under our hands and seals, this day of , at

, in the Colony of Western Australia.

C. D., J.P. (t.s.) E. F., J.P. (L.s.)

s2

20 VICTORDE. No. 5

Justices of the Peace, i0c.

FORM OF CONVICTION UPON A PLEA OF GUILTY

Western. Australia,}

To Wit.

Be it remembered that on the day of in the year of

our Lord at in the said Colony, A.B., being charged the said Colony, for that he the said A.B. (stating offence, time and place, &c.), andbefore us, the undersigned of Her Majesty's Justices of the Peace for

Pleading guilty to such charge, he is thereupon convicted before us of the said offence, and we adjudge the said A.B. for his said offence to be imprisoned in the Common Gaol at in the said Colony (and to be kept to hard labour) for the space of

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

in the Colony aforesaid.

C. D., J.P. (t.s.) E. F., J.P. (L.s.)