Odger's English Common Law

140 THE OBJECT AND EXTENT OF CRIMINAL JURISDICTION.
indictable offence he may be ordered to pay the costs of
the trial. 1
Whipping is now only allowed in certain special cases (male
garrotters, male incorrigible rogues, male offenders against
section 2 of the Criminal Law Amendment Act, 1885, male
procurers and men who live upon the proceeds of prostitu-
tion, 2 &c). No person can be sentenced to be whipped
more than once for the same offence, 3 but juvenile offenders
may in some cases be sentenced to receive not more than
twelve strokes with a birch-rod. Since 1820 no female
can be either whipped or flogged. First offenders are always
treated with special leniency. 4
Children between twelve and
sixteen years of age may be sent to a reformatory school
instead of to prison ; children under twelve may be sent to a
certified industrial school.
Many other kinds of punishment were known to our ancestors. 6 Trans-
portation existed until 1857, when it was supplanted by penal servitude.
Another barbarous form of punishment was the pillory, which, although
forbidden in some cases in 1815, was not finally abolished till the year
1830. Again, the use of the duoking-stool was a form of punishment
generally inflicted on a common scold, who was wheeled round the town in
a chair and then ducked in some pond or other water. The latest recorded
instance occurred at Leominster in 1809. Lastly, the stocks was a quaint
method of punishment, which although quite obsolete is not yet entirely
removed from our statute book. A man was placed in the stocks as recently
as 1872.
Any person convicted on indictment may appeal to the
Court of Criminal Appeal on any matter of law and, by leave,
on any matter of fact and also to obtain reduction of his
sentence. " Any person aggrieved by any conviction of a
Court of summary jurisdiction who did not plead guilty or
admit the truth of the information may appeal from the
conviction to a Court of Quarter Sessions '' 6 on any question
of law or fact, and also to the King's Bench Division on any
question of law. The King also has power to pardon any
1 Costs in Criminal Cases Act, 1908 (8 Edw. VII.; c. 15), ». 6.
2 See 2 & 3 Geo. V. c. 20, es. 3, 7 (5).
8 Criminal Justice Administration Act, 1914 (4 & 5 Geo. V. c. 58), s. 36 (1).
' See the Probation of Offenders Act, 1907 (7 Edw. VII. c. 17) ; post, Book V.
6 See Andrews' Old-Time Punishments.
c Criminal Justice Administration Act, 1914, s. 37 (1).