A Correction
| DOI | 10.1177/0032258X6303601108 |
| Date | 01 November 1963 |
| Published date | 01 November 1963 |
| Subject Matter | A Correction |
consider the rather narrower powers provided by s. 41 of the Larceny
Act, 1916, and the Prevention of Offences Act, 1851.
TRIAL
Until recently all the breaking offences were triable only on
indictment, but a recent statute has provided that some of them may
be tried summarily with the accused's consent. Section 12 and Sch.
III, paras. 4 and 5, of the Criminal Justice Administration Act, 1962,
provide that in certain circumstances, sacrilege, housebreaking, and
housebreaking with intent, are so triable. Thus a magistrates'
court may deal with sacrilege ifthe felony committed in the place
of
divine worship isitself triable summarily. A person, therefore, who
broke into a church and stole therein could be tried at a magistrates'
court with his consent, because simple larceny is triable summarily;
but if, instead
of
stealing, he had committed arson or felonious
wounding, the sacrilege would not be triable summarily because
arson and felonious wounding are not triable summarily.
By the same provision, housebreaking and housebreaking with
intent are triable summarily with the consent of the accused, only if
the place broken into is neither a dwelling-house nor a building
within the curtilage of or occupied with a dwelling-house, and the
felony committed or intended is itself triable summarily. So, breaking
into a dwelling-house cannot be tried summarily; nor can shop-
breaking where the felony committed is arson; but shopbreaking (or
officebreaking, warehousebreaking, etc.), and larceny may be so
tried.
Burglary is never triable summarily.
PUNISHMENT
When tried on indictment, sacrilege and burglary are punishable
with life imprisonment; housebreaking with 14 years' imprisonment;
and housebreaking with intent with 7 years' imprisonment. When
tried summarily, sacrilege, housebreaking, and housebreaking with
intent are all punishable with six months' imprisonment or a fine of
£100 or both.
A Correction
A small correction should be made in the table on page 465 of the September
article (No. IX) in this series, to item 2
of
"Offensive weapons" and item 2
of
"Found
on premises". The remarks in columns 2 and 3 should be transposed.
November 1963 558
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