Criminal Justice Administration Act 1851
| Jurisdiction | UK Non-devolved |
| Citation | 1851 c. 55 |
| Year | 1851 |
(14 & 15 Vict.) C A P. LV.
[1st August 1851]
'WHEREAS by the Actof the Seventh Year of KingGeorge the Fourth, Chapter Sixty-four, certain Provisions were made relating to the Allowance of Costs, Expenses, and Compensations to Prosecutors and Witnesses in Cases of Prosecutions for Felonies and certain Misdemeanors therein mentioned, and the Regulation and ascertaining of such Costs and Expenses, and relating to the Allowance of Compensation to Persons who may have been active in the Apprehension of Offenders or Persons charged with Offences; and Provisions have been made by other Acts relating to Costs, Expenses, and Compensations in Cases of Prosecutions in respect of the Offences therein mentioned: And whereas it is expedient to amend the Law relating to Costs, Expenses, and Compensations in Cases of Criminal Prosecutions:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That—
I Part of 7 G. 4. c. 64. s. 23. as to Expenses before Magistrate, &c. repealed.
I. So much of Section Twenty-three of the said Act of the Seventh Year of KingGeorge the Fourth as Provides that in Cases of Misdemeanor the Power of ordering the Payment of Expenses and Compensation shall not extend to the Attendance before the examining Magistrate, shall be repealed.
II Power of Courts to allow Expenses in Prosecutions for certain Misdemeanors extended to other Misdemeanors.
II. All the Provisions of the said Act of the Seventh Year of KingGeorge the Fourth, as amended by this Act, authorizing and empowering Courts to order Payment of Costs and Expenses, and Compensation for Trouble and Loss of Time, in Cases of the several Misdemeanors enumerated in Section Twenty-three of the said Act of King George the Fourth, and concerning Orders for Payment of such Costs, Expenses, and Compensation, and the Payment thereof, and all the Provisions of any other Act for, concerning, or applicable to the Payment of such Costs, Expenses, and Compensation in Cases of the said Misdemeanors, shall extend and be applicable in the Case of any of the Misdemeanors herein-after mentioned; namely, unlawfully and carnally knowing and abusing any Girl being above the Age of Ten Years and under the Age of Twelve Years; unlawfully taking or causing to be taken any unmarried Girl, being under the Age of Sixteen Years, out of the Possession and against the Will of her Father or Mother, or of any other Person having the lawful Care or Charge of her; conspiring to charge any Person with any Felony, or to indict any Person of any Felony; conspiring to commit any Felony.
III Parties bound by Recognizance to prosecute or give Evidence on Bills of Indictment for common Assaults to be allowed Costs as in Cases of Felony.
III. 'And whereas by an Act of the Ninth Year of KingGeorge the Fourth, Chapter Thirty-one, it is enacted, that where any Person shall unlawfully assault or beat any other Person, it shall be lawful for Two Justices of the Peace, upon Complaint of the Party aggrieved, to hear and determine such Offence; and it is by the said Act provided, that in case the Justices shall find the Assault or Battery complained of to have been accompanied by any Attempt to commit Felony, or shall be of opinion that the same is from any other Circumstance a fit Subject for a Prosecution by Indictment, they shall abstain from any Adjudication thereupon, and shall deal with the Case in all respects in the same Manner as they would have done before the passing of the said Act: And whereas it is expedient that Courts before whom such Indictments shall be tried shall have Power to order Payment of Costs to Parties so bound by Recognizance to prosecute or give Evidence:' Be it enacted, That in every Case of Assault so brought before such Justices for summary Decision in which the Justices shall be of opinion that the same is a fit Subject for Prosecution by Indictment, and shall thereupon bind the Complainant and Witnesses in Recognizance to prosecute and give Evidence at the Assizes or Sessions of the Peace, every such Court is hereby authorized and empowered at its Discretion to order Payment of the Costs and Expenses of the Prosecutor and Witnesses so appearing before such Court tinder such Recognizance, together with Compensation for their Trouble and Loss of Time, in the same Manner as Courts are authorized and empowered to order the same in Cases of Felony.
IV So much of 7 G. 4. c. 64. as empowers Quarter Sessions to make Regulations as to Costs and Expenses repealed.
IV. So much of the said Act of the Seventh Year of KingGeorge the Fourth as empowers the Justices of the Peace of any County, Riding, or Division, or of any Liberty, Franchise, City, Town, or Place chargeable with Costs and Expenses as therein mentioned, in Quarter Sessions assembled, to establish and alter Regulations as to the Rate of any Costs and Expenses to be allowed by virtue of that Act, shall be repealed: Provided always, that all such Regulations in force at the Time of the passing of this Act shall continue in force until revoked, or until Regulations in relation to the Matter thereof are made under the Powers of this Act.
V Secretary of State may make Regulations as to Costs, Expenses, and Compensations, and Certificates to be granted by examining Magistrates.
V. It shall be lawful for One of Her Majesty's Principal Secretaries of State to revoke any Regulations made under the Provision herein-before repealed, and to make Regulations as to the Rates or Scales of Payment of all or any Costs, Expenses, and Compensations to be allowed or ordered to be paid under the said Act or any other Act or this Act to Prosecutors and Witnesses, and to Persons attending the Court in obedience to any Recognizance or Subpoena, in Cases of Criminal Prosecutions, and (except as herein-after mentioned) to Persons who may have been active in or towards the Apprehension of Persons charged with Offences, and also Regulations as to the Rates or Scales of Payment according to which Certificates may be granted by the examining Magistrate or Magistrates in respect of the Expenses of any Prosecutor, or Witness or Witnesses for the Prosecution, or other Person, of attending before such Magistrate or Magistrates, and of any Compensation for Trouble and Loss of Time therein, in any Case where any Court or Judge is empowered under the said Act of the Seventh Year of KingGeorge the Fourth or any other Act or this Act to order Payment of such Expenses or Compensation, and concerning the Forms of such Certificates and the Details or Particulars to be inserted therein of the Expenses, Trouble, and Loss of Time to which such Certificates relate, and it shall be lawful for One of Her Majesty's Principal Secretaries of State from Time to Time to alter any such Regulations, or make new Regulations in relation to any of the Matters aforesaid, and such Regulations for the Time being shall be binding on all Courts and Persons whomsoever.
VI Expenses and Compensations to be ascertained according to such Regulations, and Magistrates Certificate not to be conclusive.
VI. Where an Court or Judge empowered under the said Act of the Seventh Year of KingGeorge the Fourth, or under any other Act or this Act, in this Behalf, shall order Payment to any Prosecutor, or Witness or Witnesses for the Prosecution, or to any Person attending the Court in obedience to any Recognizance or Subpoena, in the Case of any Prosecution for Felony or any Misdemeanor or Offence, of any Costs or Expenses incurred, or of any Compensation for Trouble or Loss of Time, or order Payment (except as herein-after mentioned) to any Person who may appear to have been active in or towards the Apprehension of any Person charged with any Offence of Compensation for Expenses, Exertions, and Loss of Time in or towards such Apprehension, the Amount of such Costs, Expenses, or Compensation shall be ascertained by the proper Officer of the Court according to the Regulations made under this Act; and where the Expenses and Compensation in respect of attending before any examining Magistrate or Magistrates are so ordered to be paid, such Expenses and Compensation shall also be ascertained by the proper Officer of the Court according to such Regulations, but the Amount thereof as so ascertained shall not exceed the Amount mentioned in the Certificate of the examining Magistrate or Magistrates, and, save as aforesaid, the Certificate of any examining Magistrate or Magistrates shall not be conclusive as to the Amount to be all wed for Expenses of Attendance before him or them, or for Compensation for Trouble or Loss of Time therein.
To continue reading
Request your trial