On surrendering himself or appearing in obedience to a summons, or being brought before a justice of the peace under a warrant, the justice is to proceed to take the statement on oath of those who know the facts and circumstances of the case, and to reduce those statements into writing, which are then signed by the witnesses and are termed their `depositions.' These are read to the accused and after being cautioned according to a form provided, he is at liberty to make a statement, which is taken down and transmitted with the depositions to the court, before which the accused is sent for trial.. If, however, the justice or justices, are of opinion that the evidence is not suffi cient to put the accused party upon his trial for any indictable offence, he is discharged, otherwise, or if the evidence given raise a strong or probable presumption of his guilt, he must either be committed to prison for trial or give bail (see Ben).
Where a party is committed or bailed for any offence, the justice may bind by recognisance all persons who know or declare anything mate rial touching it, to appear and prosecute, or give evidence against him. When held to bail or committed to prison, the accused is entitled to have delivered to him, on demand, copies of the examinations of the witnesses upon whose depositions he is so bailed-or committed, on pay ment of a reasonable sum not exceeding I4d. for each folio of 90 words. (11 & 12 Vict., c. 42) To the above mode of proceeding there are some exceptions.
Under the Juvenile Offenders Acts (10 & 11 Vict. c. 82, and 13 & 14, e. 37), any two justices of the peace in petty sessions, or any magistrate of the metropolitan police-courts, or any stipendiary magis trate, before whom any person is charged with having committed, or having attempted to commit (or with having been an airier, abettor, counsellor, or procurer in the commission of) any offence by law deemed or declared to be simple larceny, or punishable as simple larceny, may, if the age of such person shall not exceed sixteen years, convict him in open court of such offence, and pass a sentence of imprisonment for any term not exceeding three months, with or without hard labour, or impose a fine not exceeding three pounds. If a male not mere than fourteen years of age, he may be once privately whipped, either instead of or in addition to such imprisonment. On the other hand, if the justices consider the charge not to be proved, or if proved, that it is not expedient to inflict any punishment, they may dismiss the accused with or without requiring him to find sureties for his future good behaviour.
The accused person may object to the case being summarily dis posed of. In order to ascertain Ids wish on this point, one of the Justices, before asking him whether lie has sny cause to show why he should not bo convicted, must inquire, in words prescribed by the statutes, whether he wishes to .be tried by a jury ; and if tha accused or his parent then objects to a summary trial by the justices, they must proceed with the charge against him as if their summary juris diction did not exist. If the charge be dismissed, the dismissal is, equally with a conviction, a bar to any further or other proceedings. By the statute 18 & 19 Viet. c. 126, more extensive powers of sum marily convicting offenders were conferred on justices. Where any person is charged before justices of the peace at petty sessions (or any magistrate of the metropolitan police district, or any stipendiary magis trate generally) with having committed simple larceny, and the value of the property does not exceed five shillings, or with having attempted to commit larceny from the person, or simple larceny, the justices may, with the assent of the accused, hear and determine the charge in a summary way. In order to do so, the justices, at the close of the examinations of all the witnesses for the prosecution, must state to the person accused the substance of the charge against him, and then inquire of him, in the language prescribed by the statute, whether he consents that the charge shall be so tried, or sent for trial by a jury. In case of dissent, there is an end of all summary proceedings ; but if the accused assents to the charge being disposed of summarily, the justices reduce it into writing; and having read it to the accused, require him to plead thereto. If he says he is guilty, be may be sentenced to three calendar months' imprisonment, with hard labour. If he says he is not guilty, the justices are to hear his defence, and then dispose of the case summarily. On the other hand, if the justices think the charge not proved, they may dismiss it, which has the effect of an acquittal; and even if the justices think the case is legally made out, but that there are circumstances rendering it inexpedient to inflict any punishment, they may dismiss the person charged without proceeding to a conviction.