Minor Offences Act 1869 (SA)

ANNO TRICESIMO TERTIO

VICTORIB REGINB.

No. 8.

A?2 Act to amend the Law relating to the Trial and Punishment of

\ Minor Ofcnces.

[Assented to, 9th February, 1870.1

HEREAS it is expedient to amend the law relating to the trial Preamble.

W and punishment of minor of3'cnces-Be it therefare Enacted,	by the Governor of the Province of South Australia, with the
advice and consent of the Legislative Council and House of Assembly
of the said Province, in this present Parliament assembled, as follows:

1. This Act may be cited for all purposes as the " Minor Short title.

I

Offences Procedure Act, 1869."

2. Clause No. l of Act No. 10 of 1854, intituled "An Act to Repeal.

amend the Criminal Law," and clauses 1 15, 116, l 17, 118, 11 9, 120, 121, 122, 123, 124, and 125 of the " Local Court Act, 1861," are hereby repealed, except so far as may bc necessary for supporting any conviction or other proceeding under the same, made or taken before the passing of this Act.

3. Where any person is charged before any Special Magistrate or Power punith pen

two or more Justices of the Peace with having committed any of sons charged with	certain offences mm-
the following offences, that is to say:	marily,

All simple larcenies (not being larcenies of cattle or other animals),

and all larcenies from thc person without violence, where the

property stolen is of the value of Five Pounds or less:

And all larcenies or embezzlements, by clerks or servants, of

property of the like value:

And

33O VICTORfB, No. 8.

Mknor O$ences Proccdwe Act.- 186 9-70.

And all felonies punishable as in the case of simple larceny:

And all misderneanors not being by law punishable by imprison-

ment, with or without hard labor, exceeding two years:

And all other offences punishable by one or more Justice or

Justices of the Peace:

such Spccial Magistrate or Justices shall have jurisdiction, with the consent of the person charged as hereinafter mentioned, to hear and finally determine the charge in a summary may: Provided that nothing herein contained shall extend or apply to any of the offences

next mentioned, that is to say:

Libel:

Abduction:

Procuring the defilcrnent of womcn or children:

Indecent assault on women and childrcn:

Attempts to commit rape and unnatural offences:

Concealment of child-birth:

And conspiracy.

Power to puniah

offenders on convic-	4. If any pcrson or persons chargcd vith any offence cognizable under this Act s l d l confess the same, or if such Sp(:cial Magistrate, or Justices, after hearing the whole case for the prosecution acd for the defence, shall find the charge to bc proved, such Special Mdgistratc or Justices may convict such person or persons, and may punish him or them as he or they is or are by law punishable; never- theless, where the punishment is by imprisonment, by imprisonment not exceeding six calendar nzonths with or without hard labor, and
tion.
solitdry and separate confinemcnt not exceeding one calendar month; and where the punislment is by fine, by fine not exceeding Twenty
Pounds; and the said Justices or Spccial Magistrate may also punish any person so fined, by imprisonment not exceeding six calendar months, unless the said fine shall be sooner paid; and where the punishment is by fine or imprisonment, by one or other of the punish- ments aforesaid: Provided that this enactment shall not limit any power which any Justice or Justices of the Pcacc, or Special Magis- trate by law now has or h v e of punishing by longer imprisonment or by higher fine, and if he or t h q find the offence not proved, he shall dismiss the charge, and make out and deliver to the person charged a certificate under his or their hand stating the fact of such dismissal; and every such conviction and certificate respectively may be in the forms A or b in the Schedule to this Act, or to the like effect: Provided that, if it appear to such Justices or Special Magistrate that there are circumstances in the case which render it inexpedient to inflict any punishment, they or he shall have power to dismiss the person charged without proceeding to a conviction: Provided also,
that if the person charged do not consent to have the case head and

determined

330 TICTORIB, No. 8.

Minor 0fence.s Procedure Act.-1 869-70.

determined by such Justices or Special Magistrate, or if i t shrill appear to any such Justices or Speciill Magistrate that the offence, either because of its aggravated character or other circumstances, is such as to require a punishment exceeding that which such Court is competent to adjudge, or such as ought to Fe tried before a Jury, such Justices or Spccial Magistrate may commit the prisoner or party accused for trial before the Supreme Court.

5. Where the Justices or Special Magistrate, before whorn any Special Magistrate to

person is charged as aforesaid, proposes to dispose of the case sum- he eonsoota ask accuseci whether

marily, under the foregoing provisions, they or he shall, after the beingdispusedof sum-

examination of all the witncsscs for the prosecution has been com- marily.

pleted, and before calling upon the persol1 charged for any statement which he may wish to mnkc, statc to such person the s~lbstance of such charge against him, and shall then say to him these words, or words to the like effect :-U Do you consent that the charge against you shall be tried by me [or us], or do you desire that it should be sent for trial by a jury ?" and if the person charged shall consent to the charge being summarily tried and detcrmincd as aforesaid, then such Justices or Special Magistrate shall reduce the charge into writing, and read the same to such person, and shall then ask him whethcr he is guilty or not of such charge; and if the pcrson shall say that he is guilty, such Justices or Special I\;Iagistrato shall then procccd to pass such sentence upon him as may by law be passcd, subject to the provisions of this Act in respect to such offencc; but if thc person charged shall say that he is not guilty, such Jnsticcs or Special Magistrate shall then inquire of such pemon whcthcr he has any defencc to make to such charge, and if he shall statc Ile has a defence, such Justices or Special Magistrate sllall hear such defence, and then proceed to dispose of the case summarily: Provided that such Justices or Special Magistrate may aclj ourn the hearing from time to time for any period not exceeding cight days.

6. If any person or persons shall appear before any single Justice, A single Justice

other than a Special Magistrate, charged with any offence cognizable under this Act, and which in the opinion of such Justice might be proper to be disposcd of under this Act, then such Justice shall re- maud such person and adjourn the hearing of the charge to some future time or place, then and there to be heard by two or more Jus- tices of the Peace or Special Magistrate.

7. I n every case of summary procceding under this Act, the pcrson Penoru accused may

accused shall be allowed to make his full answer and defence, and ~ ~ of ~ ~ $ ~ ~ ~ e

to have all witnesses examined and cross-examined by counsel or

attorney.

8. If any persoil charged before any Special Magistrate or Justices, Juvenile offenders, if

or a. age ~ ~ $ ~ ~ f ~ i %, P ~ ~ ~ ~ 8 guardian of such persoc, would be the most suitable punishment

Justice under the provisions of this Act, shall be under the

of fourteen years, and it shall appear to such Special Magistrate, may bedismissed.

L- und er

33" VICTORIB, No. 8,

Minor Qfences Procedwe Act.- 1869-70.

under the circumstances, such Spccial Magistrate, Justices,"r Justice, may allow such chastisement to be inflicted by such parent or guardian, or by some person at the request of such parent or guardian, and for such purpose, may, if necessary, adjourn the hearing, and on its being shown to the satisfaction of such Special Magistrate, Justices, or Justice, that suitable chastisement has been inflicted as aforesaid, such Special Magistrate, Justices, or Justice, may dismiss the charge, and give a certificate of dismissal accordingly, in the form of Schedule B.

Power of appeal to

supreme Court. 9. Any person who shall be convicted under this Act, inay appeal to the Supreme Court for the reversal of the said conviction, on the ground t6at no cvidcnce was given on the hearing, of the commission by the applidant of the offence whereof he was convicted: Yrovided that the said appeal shall be duly set down for hearing before the Supreme Court, in a book to be kept by the Master of the said Court, and four days' notice thereof be given to the prosecutor or his attorney.

proceedings to be fur- 10. All Justices OS Spccial Magistrates adjudicating undcr this Act	COnvictiOnB
warded to Supremo shall transmit the conviction, or a duplicate of a certificate of Court. dismissal, with the written charge, the cl&ositions of the witncsscs

for thc prosecution and for the defence, ancl the statement of the accused, to thc Clcrk of Arraigns of the Supreme Court of the said Province, there to bc kept among the records of the Court; and a copy of such conviction, or such certificate of dismissal, certified by the said Clcrk of L4rraigns, or proved to be a true copy, shall be sufficient evidence to p r o ~ e a conviction or dismissal for the offence mentioned therein in any legal proceeding whatcrcr.

Special Magistrate

11. Any Justice or Special Rhgistrate, by whom any person is

been tried before such Court, would be by law authorized to order

restitution.

may order restitution

con~icted under this Act, may order restitution of the property

of stolen property.

the Supreme Court of the Province, if the person convicted had stolen, taken, or obtained by fdse pretences, in all cases in which

P o ~ e r t o p g n i ~ h f ' o r	12. Every sitting of	Justices or a	Special Magistrate, for the
contempt.

purposes of this Act, shall be an open Court, and if any person shall wilfully interrupt the proceedings of any such Court, or conduct himself disrespectfully to the Justices or Special Magistrate during the sittings thereof, or hinder, obstruct, or assault any person in attendance on such Court, or any officer thereof in the lawful execu- tion of his duty in view of such Court, every such person shall be guilty of contempt of Court; and the Justices or Special Magis- trate, either on thcir or his own view, or on the oath of some credible witness, may punish any person guilty of such contempt in

a summaly way, by imprisonment in any gaol in thc said Province far

any time not exceeding one calendar month, or by fine not exceeding Ten Pounds; and, if such fine be not forthwith paid, by imprison- ment in any such gaol as aforesaid, for any time not exceeding one

calendar /

33" VICTORIB, No. 8.

Minor Ofcnces Pvoceduw Act.-1869-70.

calendar month, unless such fine be sooner paid; and, in either of the cases aforcsaid, a warrant of commitment, in the form contained in Schedules C or D, shall and may be issued by such Justices or Special Magistrate, and shall be good and valid in law, without any other order, summons, or adjudication whatsoever. a

13. Every conviction by Justices, or by a Special Magistrate * f f e c t ~ * ~ n ~ ~ t i ~ n *

under this Act, shall have the same effect as a conviction upon indictment for the same offence would have had, save that no zonviction under this Act shall be attended with any forfeiture.

14. Every person who obtains a certificate of dismissal, or is Pwceedingeunder

convicted under this Act, shall be released from all further or other to further	this Act to be a bar
criminal proceedings for the same cause.	i n g ~.

15. No conviction, sentence, or proceeding under this Act shall be NO ccnvi0tion be

quashed for want of form; arld no warrant of commitment upon a form.	quashad for want of
cbnviction shall bc held void by reason of any defect therein; if it be therein alleged that the offender has been convicted, and there be a good and valid conviction to sustain the same.

16. Where any charge is su marily adjudicated upon under Spacial Magiatrats map ordcr payment af

this Act, the Justices, or Spe ial Magistrate, by whom such ,,,,,,,t	pmleeu-
charge- has been ad,judicated up n, may, upon the request of any tion.
person who has preferred the ch rge, or appeared to prosecute, or

give evidence against the person harged, if he or thcy think fit so /W: ~ d - 0 / 6 6 @

to do, grant a certificate to su h person of the amount of the /@go ; pc ,,

com~ensation for his reasonable xrlense, trouble, and loss of tirne i

theriin, subject to' the	&ade,'or to be made, as herein-
after mentioned; and	certificate shall, when granted,
have the effect of an	for the payment of the expcnses
of a prosccution	No. 6 of 1859; and the amount

mentioned in paid in like manner as the

money

Court; and all certificates to

to the like regulations

certificates mentioned

by the examining

Act: Provided

of all such

him in a

17. In all cases where any Justice or Justices of the Peace have, In eases or i?jrrry to

or shall hereafter have, power to order a sum of money to be for- ~: ~ ~, " ~ k y ~ ~ ~ ~, " ~ ~ ~ 5;

feited and paid to the party aggrieved, as amends or compensation campensction !hough

for any injury to property, red or personal, the right of such party examinedaswitncsscr.

to receive the money so ordered to bc paid shall not be affected by

such party having been examincd as a witness in proof of the offence,

any law or statute to the contrary notwithstanding.

H 18, The

33" VICTORTB, No, 8,

Minor Ofences Procedure Act.-1869-70. *

Act No. 6 of 50

to apply to procoed- 18. The provisions of " An Ordinance to facilitate the performance

ings under this Act.	of the duties of Justices of the Peace out of Sessions with respect to Summary Convictions and Orders," being No. 6 of 1850, shall be applicable to proceedings under this Act, for the purpofie only of enforcing payment of any fine, when the person fined shall not be ordered to be imprisoned in case of non-payment of such fine, and of any costs, and sums of money, the payment of which the Justice, Justices, or Special Magistrate, may have power by law to order.
Act No. 10 of 1852
not applicable to pro-	19. An Act for consolidating the Statute Law in force in South tion by the Attorney-General, by virtue of the Act No. 10 of the year 1852, intituled " An Act to provide for the trial of offenders without the intervention of Grand Juries," shall not apply to or affect any of the provisions of this Act.
ceedinga under this	Australia, relating to criminal procedure by indictment or infoxma-
Act.
Interpretation of
terms.	20. In the interpretation of this Act, "property" shall be con- strued to include everything included under the words " chattel, money, or valuable security," as used in the Act of the Imperial Parliament, made and passed in the Session holdcn in the seventh and eighth years of King George the Fourth, chapter twenty-nine; and in the 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 or secured thereby, and remaining unsatisfied, or of the goods or other valuable thing mentioned in the warrant or order, shall be deemed to be the value of such security.

I n the name and on behalf of the Queen I hereby assent to

this Act.

JAMES FERGUSSON, Governor.

SCHEDULES

33TICTORIX,, No. 8.

--	-
Minor ,$ernes Procedure Act.-1869-70.

SCHEDULES REFERRED TO.

South Australia, Be i t remembered, that on the day of , in the

to wit. gear of our Lord 3 at , in the said Province,

A. B., being charged before mc, the undersigned, a Special Magistrate of [or before us, the undersigned, two of Her Majesty's Justices of the Peace for] the said Province, and consenting to my [or our] deciding on the charge summarily, is convicted before me [or us], for that the said A. R., &c. [stating the ofence, and the time and place when ancl where committed], and I [or we] adjudge the said A. B., for his said offence,

to be imprisoned in the gaol at , in the said Province, for the space of

for to pay a $ne of , or to 6e irnr risoned in the gao2 a t , irr

tire said Provi~ice, ,for the space of sis calendar months, unless the s a i d j n e 6e sooner

paid, or do pay U j n e of

Given undcr my hand [or our hands] the day and gcar first above-mentioned, at +l

, in the said l'iovince.

A, B., Specl:,., Magistrate; or

g: i,' ' Or ) Justices of the Peace.

B

Certe3cate of Dismissal.

South Australia, T, the undersigned, a Special Magistrate of [or we, the undersigned

to wit. 1 G two of Her Majesty's Justices of the Peace for] the raid Pro-

vince, certify, that on the day of , i n the year of our Lord

-

at , in the said Province, A. B,, being charged before me [or us], and consenting to my Lor our] deciding upon the charge summarily, for that he the said A. B. [stating the ofence charged, and the time and place when and where alleged to be committedl, did, having summarily adjudicated thereon, dismiss the said charge.

Given under my hand [or our hand81 this day of 3 at

in the said Province.

-4. B., Special Magistrate; or

E. F. D" and ) Justices of the Peace.

Warrant of Commitment for Contempt of Court.

SOUTH AUSTEALIA.--ln the Court of

To and to all constables and peace officers of the Province

of South Australia, and to the keeper of the common gaol a t

Whereas A. R., of , [ZahorerJ was this day duly con~icted before

the undersigned, sitting in open Court, at for that

he, the said A. B., on the day of , in the year of our Lord *

one thousand eight hundred and V a t, in the Province aforesaid, was guilty of a contempt of the said Corirt, and so deemed and ad'udged by me, the said Special Magistrate Lsr us the Justices of the Peace,, and I (or we] did thereupon adjudge the said A. B., for this his said offence, to be imprisoned in the common gaol at, for the space of : These are, therefore, to command you the said, and you the said constables and peace officers to take the said A.B., and him safely to convey to the said common gaol aforesaid, and there to deliver him to the said keeper thereof, together with this

precept; and I pr we] do hereby command you the said keeper to receive the said A.B. into the said common gaol, and there to imprison him for the space of

, and for your so doing this shall be your sufl-icient warrant.

Given under hand and seal this day of in the year

of our Lord 9 at aforesaid.

A.B., Special Magistrate; or

(33" VICTORIIZE, No. 8.

C* --

Minor Ofinces Procedure Act.-l 86 9-70.

Warrant of Cornmitmelzt in Default of Payment of Fine for Contempt of Court,

SOUTH AUST~ALIA.-In the Court of

T o and to all constables and peace officers of the Province

of South Australia, and to the keeper of the common gaol a t

Whereas E.F., of , [laborer], was this day duly convicted before

the undersigned, sitting in open Court, at for that

he the said E.F., on the dsy of in the year of

our L o ~ d, , in the Province aforesaid, was guilty of

, at

a contempt of the said Court, and so deemed and adjudged by me [or us] the said Special Magistrate [or Justices], and I Lor we] did thereupon adjudge the said E.F, for his said offence to forfeit and pay the sum of: And whereas the said sum has not been paid, these are therefore to command you the said

, and you the said constables and peace officers, to take the said

E.F., and him safely convey to the said common gaol aforesaid, and there to deliver

him to the said keeper thereof, together with this precept; and I Lor we] do hereby command you the said keeper to receive the raid E.F. into the said common gaol, and there to imprison him for the space of, unless the said sum shall be sooner paid, and for your so doing this shall be your sufficient warrant.

Given under hand and seal this day of i l l the year

of our Lord 3 at aforesaid.

A.B., Special Magistrate; or g:;:,' ) Justices of the Peace.

- -- - -- -

Adelaide : Printed by authority, by W. a. Oor, Government Printer, North-terrace.