Security for keeping the peace-generally; specially. Forfeiture. Security for good behaviour. i. For the Peace. This may be granted (a) generally, on public grounds. Any justice may demand securities from the following: those who in his presence make an affray, or threaten to kill or beat one another; or who contend together with hot and angry words; or go about with unusual weapons or attendance to the terror of the people; also common barrators (e); and those who, having been bound to the peace, have forfeited their recognizances by breaking it (ƒ). (b) Specially, by demand of a private person (“swearing the peace" against another). This security may be demanded by a person when he fears that another will kill him, his wife or child, or do him other corporal injury; or will burn his house; or will procure others so to do. The fear must arise from a threat, though that threat need not be expressed in words. The magistrate if required to grant the security if the applicant swears that he is in fear of death or bodily harm, and shews that there is ground for his fear; and swears that he is not acting out of malice or for mere vexation (9). The recognizance is forfeited (a) if general, by any unlawful action which is or tends to a breach of the peace; (b) if special, by any actual violence, or even terror or menace, to the person of the complainant, whether it be committed directly or indirectly by the person bound; (c) by default of appearance at the proper time, unless there be a valid excuse (h). A mere civil trespass, or words of anger not amounting to a challenge to fight, will not cause a forfeiture. ii. For Good Behaviour or Abearance.-This includes a surety for keeping the peace and something A magistrate may bind over to good behaviour more. (e) v. p. 92. (ƒ) 4 Bl. 254. (h) v. 16 & 17 Vict. c. 30, s. 2. all those that be not of good fame. This general term includes not only those who act contra pacem, but also those who act contra bonos mores. It will comprise the following, among others (i):-rioters, barrators; those maintaining or constantly resorting to barrators; suspected persons who cannot give good account of themselves; those who are likely to commit any crime; drunkards; cheats; vagabonds, &c. (k). This kind of recognizance may be forfeited for the Forfeiture. same reasons as the former, and for others also, as by committing any of those acts of misbehaviour which the recognizance was intended to prevent, though there be no actual breach of the peace; but not by barely giving fresh cause of suspicion. has, or has not Security may be required in two classes of cases: Security either (a) where no actual crime has been committed; (b) where where a crime the party of whom security is taken has been convicted been comof some crime. In the latter case, if punishment is mitted. awarded, the court of summary jurisdiction may order the offender, at the expiration of his term of punishment, or if the punishment consists of a fine, at once to enter into a recognizance to keep the peace, or for good behaviour. Or again, instead of awarding any punishment, the court may order the defendant to enter into. such recognizance. In certain cases where the defend- Criminal ant has been convicted of an indictable offence, namely, t of an indictable offence punishable under one of the Criminal Consolidation Acts, 1861, he may be required to enter into his own recognizances and find sureties. In each of these Acts there is inserted a clause to the following effect:-On conviction of an indictable misdemeanor punishable under one of those Acts, the court may, if it think fit, in addition to or in lieu of any of the punishments authorized in the Act, fine the (i) v. Burn, 759. Consolidation General measures for prevention of crime. Holders of licences. Identification of offenders. offender, and require him to enter into his own recognizances and to find sureties, both or either, for keeping the peace and being of good behaviour. And in case of any felony punishable under one of those Acts, the court may require the offender to enter into his own recognizances and to find sureties, both or either, for keeping the peace, in addition to any punishment authorized by the Act. But no person is to be imprisoned under this clause for not finding sureties for any period exceeding one year (1). B. We have now to consider certain general measures for the prevention of the commission of crimes, or their repetition. Provisions having this object in view are contained in an Act for the more effectual Prevention of Crime (m). This statute deals with a variety of matters (the design of which principally is to prevent the repetition of crime), which may be thus classified :— i. As to holders of licences under the Penal Servitude Acts.-If, on their being brought by a constable before a court of summary jurisdiction, it appears that they are getting their living by dishonest means, their licences are forfeited. They are also punished on the breach of certain conditions. They are required to notify their residence to the police within forty-eight hours of their arrival in any place (n). ii. Identification of persons who have been convicted. -Due provision is made for keeping the register of prisoners and making returns to the Home Secretary in England, the Lord Lieutenant in Ireland. The same authorities may make regulations for photographing prisoners (0). (1) 24 & 25 Vict. c. 96, s. 117; c. 97, s. 73; c. 98, s. 51; c. 99, s. 38; c. 100, s. 71. (m) 34 & 35 Vict. c. 112. (n) Ibid. ss. 3-5. v. P. those who iii. Persons who have been twice convicted of crime Offences by may be punished in certain cases, within seven years have been from the last conviction, by imprisonment not exceeding twice conone year, e.g., for appearing to obtain their livelihood victed. by dishonest means, refusing to give their names when asked by a court of summary jurisdiction. They may be subjected to police supervision for seven years or less (p). iv. Penalties are prescribed for harbouring thieves, Acts conducassaulting the police, purchasing less than specified ing to crime. quantities of old metal, &c. (q). property. v. Power is given to constables authorized by a Search for chief officer of the police to enter houses, &c., to search stolen for stolen property in premises which, within the last twelve months, have been in the occupation of persons who have been convicted of receiving stolen property, or harbouring thieves; or are in occupation of persons who have been convicted of offences involving fraud or dishonesty and punishable by penal servitude or imprisonment (r). vi. At a trial for receiving stolen goods certain evi- Evidence in dence, not usually allowed, may be given (s). (p) 34 & 35 Vict. c. 112, ss. 7, 8. (9) Ibid. ss. 10-13. (r) Ibid. s. 16. trial for receiving. CHAPTER II. COURTS OF A CRIMINAL JURISDICTION. Courts dealing IN this chapter we shall treat of courts taking cogwith indictable nizance of indictable crimes, reserving for a subse crimes. quent chapter the consideration of courts of a summary jurisdiction (t). These courts are either of general, or of local and special jurisdiction. We are concerned chiefly with the former, and to them we now turn, and notice the several tribunals as far as possible in the order of their dignity. Court of Bills of attainder or of pains and penalties. THE HIGH COURT OF PARLIAMENT. This assembly proceeds to the punishment of offenders either in a legislative or a judicial capacity. When acting in the former of these capacities it cannot strictly be termed a court. It does not then sit to execute existing laws, but to make new ones. The occasions when its legislative functions are exercised to punish offenders are when bills of attainder or bills of pains and penalties are passed to punish particular persons for treason or felony, beyond and contrary to the common law, to serve a special purpose. They pass through the same stages as any other bill, though usually commencing with the Lords. When sitting in a judicial capacity the jurisdiction (t) v. p. 464. As to Court for Crown Cases Reserved, v. p. 457. |