DECLARATION LN CRIMINAL PROCEEDINGS. In Scotland, the statement made by the prisoner before the magistrate (See STATEMENT) is called his declaration. It is the duty of the magistrate to take this D. immediately on the prisoner being brought to him —that is to say, if he is in his sober senses. The magistrate must previously inform him that it is entirely at his own option to declare or not, but that if he chooses to declare, the D. may be used in evidence against him on his trial. In practice, the examination is generally conducted by the procurator-fiscal, who knows more of the facts of the case than the presiding magistrate. It is taken down by the clerk of court, the magistrate usually dictating to him the form of words which lie conceives will most accurately convey the meaning of the prisoner, in case of his statement being of such a rambling description as to render the writing down of the very words impossible. The D. ought to contain the name, age, and designation of the prisoner.
the parish and county in which the crime is said to have been committed, and all similar particulars. When completed, it must be read over to the prisoner, who, if lie is able to write, signs every page of it along with the magistrate. If he cannot or will not write, the magistrate signs it in his stead. There must, moreover, be two witnesses present, who shall sign the D., and who, if necessary, can speak to the manner in which it was taken. If the prisoner does not understand English, a sworn interpreter must be employed. The D. will be incompetent to be produced as evidence if the magistrate has delegated the duty of taking it to his clerk, or to any one not a magistrate. As the D. is not emitted on oath, it will not be allowed to be produced or used for the purpose of criminating any one else whom the prisoner may have named as a participator in his crime.