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 | |
| ||
| 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… |