02.04.2013 Views

Odger's English Common Law

Odger's English Common Law

Odger's English Common Law

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

CRIMINAL PROCEEDINGS. 47<br />

wrong-doers to compensate those whom they have injured,<br />

and to abstain from any repetition of the wrongful act—when<br />

it insists on the due performance of contracts and the pay-<br />

ment of damages in case a contract is broken—the proceedings<br />

are civil.<br />

—<br />

Criminal proceedings are heard in the following courts :<br />

Magistrates' Courts.<br />

Borough Quarter Sessions.<br />

County Quarter Sessions.<br />

Assizes.<br />

The Central Criminal Court.<br />

The King's Bench Division of the High Court of<br />

Justice.<br />

The Court of Criminal Appeal.<br />

The Blouse of Lords.<br />

In criminal courts the proceedings usually commence with<br />

a summons, bidding the accused appear in court before the<br />

magistrates on a certain day : in some cases a warrant will be<br />

issued at once for his arrest. Simple matters are disposed of<br />

summarily by the magistrates. Graver cases are sent to<br />

Quarter Sessions or to the Assizes for trial by a jury. In<br />

these graver cases, the prosecution states in detail the precise<br />

charge against the prisoner in a document which is called an<br />

indictment. The trial commences by the accused person<br />

being called upon to enter the dock and plead to the indictment<br />

preferred against him. But no one now can be called<br />

upon to do this, unless<br />

(a) he has been committed by justices of the peace to take<br />

his trial there on that charge, or<br />

(b) the consent or direction in writing of a judge of the<br />

High Court or of the Attorney-General or Solicitor- General<br />

to the presentation of the indictment has been given. 1<br />

In some few cases the prisoner must state his defence in a<br />

written plea; but, as a rule, he merely pleads "Guilty" or<br />

" Not guilty " orally from the dock. If he pleads guilty, or<br />

if after pleading not guilty he is tried and convicted, he may<br />

1 Grand Juries (Suspension) Act, 1917 (7 Geo. V., c. 4).<br />

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!