The summary powers conferred by this statute are not, however, limited to trying offenders in the cases above mentioned ; the justices have powers to punish, in some other cases where the accused admits his guilt. In eases of simple larceny, of stealing from the person, or of larceny as a clerk or servant, irrespective altogether of the value of the stolen property, where the evidence for the prosecution is, in the opinion of the justices, sufficient to put the person charged on his trial, but the case nevertheless appears to them to be one which may properly be disposed of in a summary way, they are to reduce the charge into writing, and having read it to the accused person, to ask him whether he is guilty or not guilty. If he says he is guilty, that plea is entered, and the justices may commit him to jail and hard labour, for any term not exceeding six months ; but before the question is put, the justices must explain to the accused that he is not obliged to plead or answer before them at all, and that if he do not so plead or answer he will be committed for trial in the usual course. It must be added, that if it is made to appear that the accused has been previously convicted of felony, the justices have no jurisdiction to dispose of the case summarily.
Before a prisoner can be put upon his trial for any treason or felony, it is necessary that a bill of indictment should be found against him by a grand jury duly returned before some court which has jurisdiction to try parties for crimes by means of a petty jury ; or in the case of mur der or manslaughter, he may be tried upon the coroner's inquisition. Where the offence with which he is charged is a misdemeanor, he may be tried either upon bill of indictment found, as in the case of treason or felony, or upon a criminal information filed against him in the name of the queen. For a prwmunire, he is to be first indicted as in other cases, or may be proceeded against in the peculiar manner pointed out by 16 Rich. II., e. 5, commonly called the Statute of Prxmunire. This latter mode may, however, be regarded as obsolete.
A bill of indictment is au accusation at •the suit of the Crown, and being for the public benefit and security, may generally be preferred by any person ; but it is not usual for parties to interfere unless they are individually aggrieved by the offence, or fill some office which renders it peculiarly incumbent on them to bring the offender to justice ; and a recent statute (22 & 23 Vict. c. 17) has taken away the power to prefer indictments for perjury, conspiracy, false pretences, and some other misdemeanors, without the previous committal of the parties by a justice, or the leave of the court. [INDICTMENT.]. So soon as the grand jury have presented the bill of indictment in court, indorsed " a true bill," the indictment is complete. If the grand jury find no true bill, the accused, where in custody, is to be at once set at large, without the payment of any fees on account of such discharge (14 Geo. Ill. e. 20; 55 Geo. III. c. 50; 8 & 9 Vict. c. 114). An in dictment may also be framed upon the presentment by a grand jury, of their own knowledge that an offence has been committed ; but this mode of prosecution is seldom adopted. For further particulars re lating to Grand Juries, see Junv.
A criminal information in the name of the Queen is a suggestion filed on record by the attorney-general or by the queen's coroner or master of the Crown Office, in the court of Queen's Bench, that a misdemeanor has been committed by an alleged offender. The
attorney-general, or, during vacancy in that office, the solicitor-general, may at his disel•etion file a criminal information. In all other cases it is in the discretion of the Court of Queen's Bench to grant or refuse leave to file such informations, and such leave will only be granted on motion made, grounded on proper affidavits, and in respect of mis demeanors of such magnitude or under such circumstances as, in tho opinion of the court, call for its interference. After an information is filed, all the subsequent proceedings are, in general, the same as after an indictment found for a misdemeanor.
Persons committed for treason or felony who move in open court the first week of the term, or first day of the sessions of oyer and tumbler or jail delivery, to be brought to trial, may, if not indicted some time in the next term or session after their commitment, bo bailed by the judges of the Queen's Bench, or justices of oyer and terminer er jail delivery, unless it appear that the witnesses for tho crown could not be produced the same term or sessions; and if not indicted and tried the second term or sessions after their commitment, or if acquitted upon their trial, shall be discharged from imprisonment (31 Car. II.. c. 2, s. 7). [IIsimis CORPUS ACT.] When the indictment is found, in cases of felony, the accused is bound to plead and try instanter, and if iu custody, is to be brought to the bar and arraigned (which is the legal term for calling on a prisoner to answer to a charge of an indictable offence) as soon as convenient after such indictment is found ; but in all cases of treason, except where the overt act is the assassination of the queen, the endangering of her We or persoo, or any attempt to Injure her person (39 & 40 Geo. III. o. 93; 5 & 6 Viet- c. 511, and except the forgery of the great and other royal seals (7 & 8 Wm. Ill. c. 3, s. 18), the accused is to have a true copy of the indictment delivered to him ten dace at the least before he is arraigned, and, at the mere time, a list of the witnesses to be pro duced against him, and if indicted in any other court than the Queen's Beach, a list of the petit jury ; but if Indicted In the Queen's Bench, the list of the petit jury mar be delivered to him at any time after his arraignment, au as it be aelivered ten days before the day of trial (7 & 8 Win. all. c. 3, a. 1; 7 Anne, c. 21, a. 11 ; 6 Geo. IV. c. 50, a. 21). If the accused plead, however, without claiming or having had delivered to him such copy or firth, he will be considered to have waived any objection on account of such non-delivery. If the accused, whether in mar of felony or misdemeanor, be not in custody nor on bail when the indictment is found, or, being on bail, make default, his appearance may be compelled by process or by a bench warrant ; and he may be prosecuted to outlawry. [Ourtawriv.] No fee is to be dernandeel or taken from persons charged with or indicted for felony or misdemeanor, or as an accessory to felony, for their appearance to the indictment or information, or for allowing them to plead, or for recording their appearance or plea, or for discharging any recognisance taken from such persons, or any sureties for them (S & 9 Viet. c. 114, a. 1).