Offenders Arrest Act 1851 (SA)

ANNO DECIMO QUINTO

No. 8.

An Act for the better apprehension oJ O$inders who shall have escaped to pa;rts within the Province of South Australia, from any other o f the Australian Colonies.

[Assented to 22nd November, l85 1 .]

HEREAS by a certain Act of Parliament, passed in the Preamble.

W sixth and screoth years of the reign of IIer present Ma- jesty, intituled ' L An Act for the better apprehension of certaiu ogenders,'' provision is made for the apprehension, in any part of Her Majesty's Dominions, of persons charged with committing, in any other part of Her Majesty's Dominions, certain ofEences in that Act mentioned, and against whom a warrant shall have bccn issued by any person or persons having lawful authority to issue the same, and for the imprisonment of such offenders, and for their removal to that part of Her Majesty's Dominions in which they were charged with having committed the offence: And whereas the con- tiguity of the Australian Colonies to each other greatly facilitates the escape of offenders from one to the other of such Colonies, which said offenders may, in many instances, elude the pursuit of justice, unless provision be niade for their apprehension in the Colony to which they shall have escaped, without requiring that a warrant be obtained fkom a Magistrate of the Colony having original jurisdiction, and that such warrant shall be endorsed by a Judge of & chap- 34-

N the

the Colony to which the offender shall have withdrawn himself: And whereas it is expedient that the provisions of the said recited Act of Parliament should be applied to persons charged with other offbnces than those to which the said recited Act is limited, so that the coursc of' justice may, in a less degree, be impeded by the se- paration and independence of the judicial jurisdictions of the said Colonies respectively:

Alleged

offender from Be it therefore Enacted Iny His Excellency the Governor of Soutlk

m y of the Austrdian

Colonies, Inay be ap-	Australia, with the advice and consent of the Legislative Council
prehended hy order of
a Magistrate of this	thereof, That from and after the passing hcroof if any person shall
Province.	be within the Province of' South Australia who shall be charged with having cominitted any ogence, such as is hereinafter nieu- tioned, within any other of the Australian Colonies, it s l d be lawful for any Justice of the Peace of' this Province, or of' any limited jurisdiction tllerein where m ~ l i person shall then be, t,o issue his warrant for the appre2lension of such supposed ofkndcr in the same manner, and upon the like grounds, as if the said oEencc was charged to have been committed witllirl the ordinary jurisclictiou of
such Justice; and tht~eupon it shall be lawf~d fbr all Peace 0&:(~1-P
within the said Province, and they are llweby required to exrcutc such warrant, by apprehending the pcrson against whom it is di- rected, and to couvey him befvre the same or alry otlwr Magistrate having. authority to examine alid commit off'endevs for trial ilr the part ot the said Province in wl1id1 he shall have been aypreheiidctl.
Committal for rcmo-

val to the Cvlorly in 2. And be it Enacted, That it shall be lawful fbr any such M i 2 -

which thc offence is	gistrate M last aforesaid, before whom any such supposed offknder
alleged to have bccn
committed.	shall be brougllt as aforesaid, upon such evidence of' criruir~ality as would justify his committal for trial if' the oEence had been (tom- nlitted within the oi*dinary jurisdiction of the said Magistrate, to commit such s~xpposed oi'ender to prison, there to rcmain until he
can be sent back to the Colony in which the oK'ence is alleged to
therein, in the manlier mentioned in the said recited Act of I'nrlia-, litwe been comnlitted, allcl delivered to the proper Authorities
nient; and inlmedintely upon thc comniittal of such person, infbr- mation thereof in n-riting, under the hand of thc committing M R -
Q tious upon which tlle same was granted, shall he give11 to the mistrate, accompanied by a copy of his warrant, and of the deposi-
Governor of this Province.
Comniittd by way of
remand.	3. And be it Enacted, That it shall be lawful for any such Ma- gistrate as last aforesaid, hcfore whom any such supposed oKender shall be brought, upon any snch evidence of criniillality as would justify thc remand of' any pergon for hr ther examination, in cases where evidence is expected to be obtained fiom remote parts, if' the ofhence had been committed within the ordinary jnrisdiction of such Magistrate, to commit such supposed offender to priso~l by way of remand, for such reasonable time not exceeding one calendar month uutil copies of dcpmitions, taken, certified, and attested, as herein- after mentioned, shall have been received from the Colony in which

the

tile offence is alleged to have been committed, and submitted to the same or some other Magistrate; and upon such copies of depositions being so submitted, it shall be lawful for the Magistrate to whom tllc same s h d be submitted, either to discharge such supposed of- fencler, or to commit him finally under and in pursuance of tlre

hereinbefore given in t h t behalf: Provided always, that inmediately upon the committal by way of remand, information thereof in writing, under the hand of the corrmittillg Magistrate, accoir~pcznied. by a copy of the depositio~rs upon which the remand was ordcred, shall be given to the said Governor, as hereinheforc provided with respect to h a 1 committals.

4. Provided always, ard be it Enacted, That it shall be lawful for any such Ma@xate, who shall so, as aforesaid, commit ally such hpposed oficnder, cithrr finn,lly or by way of remand, to al- low hail to he taken by one or two Justices, as the case may require, for the surrender of the pnrtv committed, at CIAY and a, place to be specified in the recoglk&> of bail, if the natnk of the off'ence clraryed, ttiid the clwacter of the cvidencc of' erilninality, shall hc sucli as would justify the allowar~ce of bail in a similar	Authority to tike bail.
case occurring within the ordinarv jurisdiction of the Magistrate;
and t l~xeupon the recognizance 6f' hail ~ l d he of the atme fome aid eil'ect in all respects, as if the s:tme Lad beell cirtercti into for the nppe:uance of :W accused party to take his trial, or for further cwminntion upon a c:hnrgc of an oi-5ilrr.e comiriittcd witlli11 tllc Pro- vince of South Australia.
5. A i d be it Enacted, That in every such case R.S hcreinbcfore nw~~tioned,	Copies of depositions
from any of the Aus-

copies of depositions upon thc charge made against the tralian Colonies re-

said supposed offender, taken by a person having lawful authority	ceivable in evidence.
to take the same, in the Colony in which the oEence is alleged to have been committed, if duly certified under the hand of the per- son taking such depositions, and attested on oath by the party pro-
be receivcd in cvidence of thc criminality of the person apprellerlded	ducing the same to bc true copies of the ori@n:ml depositions, may	under the provisions hereof.
6. And be it Enacted, That the provisions in tlre said recited Act of Parliament touching the discharge of any person committed	Supposed offender Inay bc discharged by
a Judge if not con-
as therein provided, if he shall not have been conveyed away withiu	two months aftcr com- voyed awny within
two months aftcr his committal, shall be applied to all committds	mittal.
under this Act, whether final or by way of remand.

7. And be it Enacted, That this Act shall apply to all Offences within the

charges of treason and felony, and to all indictable misdenleanors AC~.

committed or charged to have been committed in any of the Aus-

tralian C ulonies.

8. And be it Enacted, That for the purposes hereof and of the definition oft he word^

said recited Act of Parliament, the words " Australian Colonies " 'AUYtrdian CO"ies'

shall be deemed and taken to describe and include the Colonies of

New

New South Wales, Victoria, Van Diemen's Land, South Australia, Western Australia, and New Zealand, with their respective Depen- dencies, as such Colonies are now or may hereafter be defined and limited; and also any other Colony which may hereafter bc es- tablished within the existing limits of any of the said Colonies, or within any portion of Her Majesty's Possessions in New Holland.

JOHN MORPHETT, Speaker.

Passed the Legislative Council this Twentieth day of November, One Thousund EQht Hundred and Fifty-one.

F. C. SINGIAETON,

Clerk of Council.

In the name and on the behalf of Her Majesty I assent to this Act.

H. E. F. YOUNG,

Lieutenant-Governor.

Government House, Adelaide,

22nd November, l85 1.

& E ~ E; Yrinted by W, C. Cox, Government Printer, Victoria-square.