The Sun.
London, England, 1840-06-08 00:00:00

JUVENILE OFFENDERS.

A BILL (AS AMENDED BY THE COMMITTEE) TO AUTHO
RISE THE SUMMARY CONVICTION OF JUVENILE OF-
FENDERS IN CERTAIN CASES OF LARCENY AND MIS-
DEMEANOUR, AND TO PROVIDE PLACES FOR HOLD-
ING PETTY SESSIONS OF THE PEACE.
Whereas it has been found by experience that great
evils have arisen from the commitment for trial of of-
fenders of tender age, accused of larceny, whereby such
early imprisonment has tended to harden them in vice,
and to render any attempt at reforming them more
difficult and unavailing.
And whereas it is expedient to provide a summary
mode of proceeding and adjudicating against such of-
fenders instead of that now in force :
Be it therefore enacted by the Queen's most excel-
lent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal and Commons, in
this present Parliament assembled, and by the autho-
rity of the same, that when any person shall be brought
before two or more Justices of the Peace in Petty Ses-
sions assembled, upon a charge of larceny, and it shall be
made to appear to their satisfaction that the age of such
person does not exceed the age of 14 years, it shall be
i.lcvta I for such Justices to hear such charge, and in case
they shall be satisfied of the truth of such charge, upon
legal and sufficient evidence, or upon confession of the
party accused, to convict such offender, and to commit
him or her to the house of correction, within their con-
trol and jurisdiction, there to be imprisoned for any
term not exceeding six calendar months, with or without
hard labour, at the discretion of the said Justices ; or
it shall be lawful for such Justices, or one of them,
either altogether to discharge such offender without
punishment, n
fora
termto tak
not
ostu reexticeesedfoi
exceeding
g his or her good be-
havioursix months, or to
take bail for his or her appearance at any future time,
not exceeding six months, to receive sentence for the
offence of which he or she shall have been convicted,
and to commit such offender to safe custody to such
house of correction, until such sureties or bail shall be
given, or until the expiration of such six months ; and
and in case the Justices so convicting shall either of
them not be present when the said offender shall here.
after appear to receive judgment for the offence of
which he or she shall have been convicted, it shall
be lawful for the Justices then sitting in such
petty Sessions to pronounce sentence on the said of-
fender, as if lie or she had been convicted before them.
Provided always, that when any person committed to
the House of Correction by any Justice or Justices of
the Peace for default of bail or sureties, shall at any
time during the period of his imprisonment find such
bail or sureties, it shall be lawful for any Justice of the
Peace, and he is required forthwith to discharge such
person, unless be shall be detainable for any other cause
or charge. Provided also, that no conviction shall
subject the party convicted to the forfeiture of any
goods, chattels, lands, tenements, or hereditaments, or
shall make the party convicted an incampetent wi'mess;
and provided, that nothing herein contained shall hinder
or prevent any Justice or Justices from committing
such offenders for trial at the Assizes or General
Quarter Sessions, or General Sessions of the Peace,
Central Criminal Court, or general gaol delivery, if they
shall think any such offender ought, to be so committed.
And he it enacted, that the said Justices, at the re-
quest of the prosecutor, or any other person who shall
appear voluntarily or on summons, to give evidence
against any person so accused, or on his behalf, may
dhow such sums of money as to them shall appear
reasonable and sufficient for the loss of' time and ex-
penses, together with the costs of apprehending the said
offender, incurred in such attendance ; and whether a
conviction shall take place or not, the said Justices,
where any person shall have so attended voluntarily
or on summons, may order unto such person such sums
of money as shall appear to them a reasonable and
sufficient reimbursement for the expenses incurred by
reason or such attendance and loss of time, and in all
prehending and prosecuting such offender or offenders ;
and the amount of suCh sum or sums, as well as the ex-
pense of conviction and conveying- the offender to the
House of Correction, shall be ascertained by the certi-
ficate and order of such Justices, delivered to the Trea-
surer of the County or other jurisdiction within which
the offence is charged to have taken place, where such
conviction or proceedings shall take place, who is
hereby authorised and required to pay the same. Pro-
vided always, that no expenses shall be allowed by the
said Justices exceeding the sums allowed according to a
scale of fees and allowances authorised and settled by
the Justices of the Peace at Quarter Sessions assembled,
according to the Act in such case made and provided.
And be it enacted, that it shall be lawful for every
justice of the peace, by summons, to require the at-
tendance of any person who may be required as a wit-
ness on any matter within his jurisdiction ; and if any
person so summoned shall not appear, and it shall be
proved on oath that he is a material witness, and that
he was personally summoned, it shall be lawful for the
justice to issue his warrant to compel his appearance as a
witness : provided always that nothing herein contained
shall lessen or affect the power which a justice of the
peace now by law bath to enforce the attendance of wit-
nesses before him in criminal cases.
And be it enacted, that no clerk to any justices in
petty sessions, before whom an accused person may.
be brought, or the partner, or master of any such
clerk, or any clerk to such justice's clerk, or his part.
ner, shall be permitted to attend before such justices,
professionally employed, either to prosecute or to de-
fend a party accused.
And be it enacted, that the justices of the peace be-
fore whom such offender shall be convicted, shall,
within seven days after such conviction, transmit to the
clerk of the peace of the county or other jurisdiction
within which such offender has been convicted, a copy
of the conviction of the said offender in the form here-
inafter set forth, or as near thereto as the circumstances
of the case will permit, es well as the depositions and
evidence taken before them.
Be it remembered, that on the day of in the
year of our Lord A. 8., aged years, is convicted
before us (two) of her Majesty's Justices of the Peace
for the (county), (city), (borough), (division), (liberty),
&c., of in Petty Sessions assembled, for that
A. 8., on the oaths of (here state the particulars
of the offence), and we do thereupon order the said
A. B. to be imprisoned in the House of Correction for
the county of (or borough ), (state
the time.) Given under our hands this
day of
And be it enacted, that ell and every the provisions
contained in an Act passed in the seventh year of the
reign of his Majesty George the Fourth, intituled, "An
Act for improving the Administration of Criminal
Justice in England," relating to offences committed near
the boundaries of counties, or upon any person or in
respect of any property in or upon any coach or other
carriage employed in any journey, and also as to the
ownership of any property, shall, so far as they are ap-
plicable to offences cognizable under this Act, extend
and be applied to all convictions and commitments
which shall arise or be made in pursuance of this Act.
And be it enacted, that whenever any offender shall
be convicted in pursuance of this Act, it shall be lawful
for the Justices before whom such conviction shall take
place, to order restitution of the stolen property to the
owner or his representative, unless it shall appear that
any valuable security shall have been bona fide paid or
discharged by any person or body corporate liable to the
payment thereof, or, being a negotiable instrument, shall
have been bona fide taken or received by transfer or de-
livery, by any person or body corporate, for a just and
valuable consideration, without any notice or without any
reasonable cause to suspect that the same had been stolen.
And be it enacted, that every recognizance to be ac-
knowledged and taken in pursuance of this Act, shall be
returned, and shall and may be forfeited, certified,
estreated, and otherwise be proceeded upon in the man-
ner and by all such ways and means as are provided in
and by the laws in force for the time being relative to
recogaizanees authorised to be taken and acknowledged
before Justices of the Peace.
And be it enacted that this Act may be amended or
repealed by any Act to be passed in this present Session
of Parliament.