Trials for Felony Act 1836

JurisdictionUK Non-devolved
Citation1836 c. 114
Year1836
Anno Regni GULIELMI IV. Britanniarum Regis, Sexto. An Act for enabling Persons indicted of Felony to make their Defence by Counsel or Attorney.

(6 & 7 Will. 4) C A P. CXIV.

[20th August 1836]

'WHEREAS it is just and reasonable that Persons accused of Offences against the Law should be enabled to make their full Answerand Defence to all that is alleged against them:' Be it therefore enacted by the King'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 from and after the First Day ofOctober next all Persons tried for Felonies shall be admitted, after the Close of the Case for the Prosecution, to make full Answer and Defence thereto by Counsel learned in the Law, or by Attorney in Courts where Attornies practise as Counsel.

S-II In Cases of summary Conviction.

II In Cases of summary Conviction.

II. And be it further declared and enacted, That in all Cases of summary Conviction Persons accused shall be admitted to make their full Answer and Defence, and to have all Witnesses examined and cross-examined by Counsel or Attorney.

S-III Copies of Depositions to be allowed to Prisoners.

III Copies of Depositions to be allowed to Prisoners.

III. And be it further enacted, That all Persons who after the passing of this Act shall be held to bail or committed to Prison for any Offence against the Law shall be entitled to require and have, on Demand, (from the Person who shall have the lawful Custody thereof, and who is hereby required to deliver the same,) Copies of the Examinations of the Witnesses respectively upon whose Depositions they have been so held to bail or committed to Prison, on Payment of a reasonable Sum for the same, not exceeding Three Halfpencefor each Folio of Ninety Words: Provided always, that if such Demand shall not be made before the Day appointed for the Commencement of the Assize or Sessions at which the Trial of the Person on whose Behalf such Demand shall be made is to take place, such Person shall not be entitled to have any Copy of such Examination of Witnesses, unless the Judge or other Person to preside at such Trial shall be of opinion that such Copy may be made and delivered without Delay or Inconvenience to such Trial; but it shall nevertheless be competent for such Judge or other Person so to preside at such Trial, if he shall think fit, to postpone such Trial on account of such Copy of the...

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