ANNUAL TABLES FOR THE YEAR 1923.

Page

TABLES I TO VII.—ASSIZES AND QUARTER SESSIONS

39

TABLES VIII TO XI.-COURTS OF SUMMARY JURISDICTION

73

TABLES XVI TO XIX.—POLICE RETURNS OF CRIME

NOTES ON CRIMINAL COURTS AND

CRIMINAL

PROCEDURE.

In England the chief Courts for the trial of criminal cases are the Assizes (including the Central Criminal Court) and the Courts of Quarter Sessions.

The King's Bench Division of the High Court of Justice has also power to try criminal cases. The number so tried is very small, and there were no cases in 1923.

In certain exceptional cases a Court held under Special Commission tries cases in the same way as a Court of Assize. No instances of this have occurred for several years.

Peers charged with treason or felony have the right to be tried by the House of Lords. One case was so tried in 1901.

ASSIZES.

The Assizes are the Courts held by His Majesty's Judges, when they go under Royal Commissions on Circuit for the administration of justice. They are held three times a year for each county, in certain cases four times. The Central Criminal Court is a court with similar powers sitting in London and usually holding twelve sessions in the year. In law the term "Assizes" includes the sessions of the Central Criminal Court (Interpretation Act, 1889, section 13 (5) ); and it is so used in these Statistics.

QUARTER SESSIONS.

A Court of Quarter Sessions exists in each County, and in those Boroughs to which a separate Court has been granted by the Crown. The Court consists in Counties of the Justices for the County assembled in Quarter Session, in Boroughs of the Recorder of the Borough, a legal officer of high standing. Its sessions are held at least four times a year, sometimes more frequently, e.g., in London there were 24 sittings in the year 1923. The Court has powers co-ordinate with the Assizes, but less extensive; all cases which can be tried at Quarter Sessions can be tried also at Assizes, but certain offences, such as treason, murder, perjury, libel, can be tried only at Assizes.*

Cases tried at Assizes and Quarter Sessions are ordinarily tried on an indictment† presented by a Grand Jury, and the trial in every case without exception is by Jury.

COURT OF CRIMINAL APPEAL.‡

Under the provisions of the Criminal Appeal Act, 1907, persons convicted on indictment may (subject to the restrictions and regulations imposed by the Act) appeal against the conviction or sentence to the Court of Criminal Appeal. Statistics of the appeals decided in 1923 are given in Table VII.

The Quarter Sessions for the Liberty of Peterborough possesses powers under Commissions of Oyer and Terminer and General Gaol Delivery as well as under the usual Commission of the Peace.

† An inquisition of a Coroner's Jury is equivalent to an indictment, but cases tried on an inquisition are not very frequent.

All jurisdiction and authority under the Crown Cases Act, 1848, in relation to questions of law, is now vested in the Court of Criminal Appeal (Criminal Appeal Act, 1907, sec. 20 (4)).

COURTS OF SUMMARY JURISDICTION.

The inferior Criminal Courts for the trial of minor cases are the Courts of Summary Jurisdiction or Police Courts. In these trial is without Jury, and the Magistrates decide both as to law and to facts; their decisions are subject in most cases to appeal, though in practice, appeals are rare (Table X).

A Court of Summary Jurisdiction consists ordinarily of the Justices of a Division of the County or of a Borough sitting in Petty Sessions. In most cases the presence of two Justices at least is necessary for the exercise of the powers of the Court; but in London and large towns there are Stipendiary Magistrates, who sit alone and have all the powers of two Justices. In certain other cases a Court of Summary Jurisdiction may consist of one Justice only, but its powers are then extremely limited.

In addition to hearing and determining all minor criminal cases, the Courts of Summary Jurisdiction conduct the preliminary investigation in those cases which are afterwards tried at Assizes and Quarter Sessions. If they find there is a primâ facie case they commit the accused to prison to await his trial, or bind him over in recognizances (usually with sureties) to appear at the Assizes or Sessions.

Courts of Summary Jurisdiction have also civil jurisdiction in certain matters. They also exercise certain powers in matters not strictly criminal, but closely allied to their criminal jurisdiction, of which particulars are given in Table IX (Quasi-Criminal Proceedings).

INDICTABLE OFFENCES.

As in Courts of Assize and Quarter Sessions the procedure is by indictment, the offences tried by these courts are called "indictable offences." All the ancient Common Law Offences are indictable, and so are all statutory offences unless the statute expressly provides some other mode of trial.

NON-INDICTABLE OFFENCES.

In distinction from these indictable offences, offences originally within the jurisdiction of Courts of Summary Jurisdiction are in these Tables designated "non-indictable." These are all, like the Courts of Summary Jurisdiction themselves, created by statute; and in every case they are expressly declared by the statute to be triable summarily.

INDICTABLE OFFENCES TRIED SUMMARILY.

In certain cases offences which originally were tried on indictment only may now be tried summarily. This is chiefly provided for by sections 10, 11, 12, and 13 of the Summary Jurisdiction Act, 1879, which superseded some earlier and more restricted enactments on the same subject. These offences appear in the Tables of the Proceedings of Courts of Summary Jurisdiction in a special section headed "Indictable Offences tried Summarily." In the Police Tables of indictable offences the cases heard summarily are shown in separate columns.

* Libel may also in certain cases be tried summarily (44 & 45 Vict. c. 60. s. 5). The powers of Courts of Summary Jurisdiction for the trial of indictable offences have been further extended by the Inebriates Act, 1898, the Summary Jurisdiction Act, 1899, the Children Act, 1908, the Criminal Justice Administration Act, 1914, the Bankruptcy Act, 1914, the Official Secrets Act, 1920, the Army Act, and the Air Force Act.

NON-INDICTABLE OFFENCES TRIED AS IF INDICTABLE.

On the other hand certain offences ordinarily tried summarily may in exceptional cases be sent for trial at Assizes or Quarter Sessions "as if they were indictable." This class includes Assault (Offences against the Person Act, 1861, sec. 46), all offences, other than assault, punishable with more than 3 months' imprisonment (Summary Jurisdiction Act, 1879, sec. 17), and some offences created by later Acts, such as the Conspiracy, and Protection of Property Act, 1875, the Merchandise Marks Act, 1887, the Witnesses (Public Inquiries) Protection Act, 1892, the Merchant Shipping Act, 1894, the Prevention of Corruption Act, 1906, &c. These offences being ordinarily tried summarily are not separated from the other non-indictable offences in the Tables of the Proceedings of Courts of Summary Jurisdiction, and in the Tables of Non-Indictable Offences; but such cases as are actually sent for trial at Assizes and Quarter Sessions appear under appropriate heads (chiefly Assault, Intimidation, and Cruelty to Children) in the Assizes and Quarter Sessions Tables, and in the Police Tables of Indictable Offences.

PROCEEDINGS AT ASSIZES AND QUARTER SESSIONS.

The following are points which may be useful as explaining the headings of the columns in Tables I to III.

At Assizes and Quarter Sessions the proceedings are ordinarily commenced by the preferring of a bill of indictment or draft indictment before the Grand Jury. If the Grand Jury think that there is no primâ facie case against the person accused they return the draft indictment marked " no true bill," and the case is at an end. Otherwise they find the indictment or formal accusation on which the prisoner is tried. The prisoner is then arraigned or formally accused before the Petty Jury; and at this stage the question of the prisoner's sanity at the time of arraignment may be investigated by a jury. If found insane and unfit to plead he is not tried but is ordered to be detained during His Majesty's pleasure. Otherwise he is tried by the Jury.

On trial by Jury three verdicts are possible in ordinary cases: acquittal, conviction, or a special verdict to the effect that the prisoner was guilty of the act charged, but was insane at the time of committing it. If the latter is given, he is ordered to be detained during His Majesty's pleasure. On conviction, the Judge passes sentence, which may be death,* detention during His Majesty's pleasure (for persons under 16 years of age convicted of murder-Children Act, 1908, section 103), penal servitude, imprisonment, detention in a Borstal Institution (for offenders between 16 and 21 years of age), detention in an Inebriate Reformatory, detention in an Institution for Mental Defectives, detention in a Reformatory School (for offenders between 12 and 16 years of age), fine, whipping, or custody in a Place of Detention (for offenders under 16 years of age); or the Court may order the prisoner to enter into recognizances to come up for judgment when so required, and, in addition, may place the offender under the supervision of a probation officer-an order to this effect being termed a probation order. The Court may also order children under 14 years of age to be detained in an Industrial School.

The offences for which judgment of death may be pronounced by civil courts are murder, treason, piracy with violence, and arson of His Majesty's ships, arsenals, dockyards, &c. For the two last-named offences the Court may order the judgment of death to be entered of record, which has the same effect as if the judgment had been duly pronounced and the offender reprieved by the Court.

ASSIZES AND QUARTER SESSIONS.

NOTES TO THE TABLES.

(a) The titles of offences (Column 1) are much condensed. The fuller titles, and the offences comprised under each head, will be found in Appendix A on page 179.

In Tables II and V offences not triable at Quarter Sessions are omitted, but the numbering of the heads is the same as in Tables I, III, and IV.

(b) The Tables show the numbers of persons prosecuted, not the number of offences. Where, therefore, any person is prosecuted at the same Assizes or Sessions for several offences, one offence has to be selected for tabulation; and the rule followed is to select that for which the proceedings were carried to the furthest stage-to trial if there were several charges, to conviction and sentence if prisoner was tried on several charges. If there are several convictions, the offence selected is that for which the heaviest punishment was awarded. If the final result of proceedings on two or more charges is the same, the more serious offence (as measured by the maximum penalty allowed by the law) appears in the Tables.

(c) Where, in addition to the offence thus selected for detailed tabulation, the same person is prosecuted for other offences of a distinct character, the number of these additional charges is given in Columns 21 to 23 of Tables I, II, and III-Column 21 giving the total number of such charges, Column 22 the number resulting in convictions, and Column 23 the number for which separate sentences (not concurrent with those in Columns 10 to 17) are passed. Only distinct offences are included in these columns.

An exception is made, however, in a case of a charge under Part II of the Prevention of Crime Act, 1908, or Section I of the Inebriates Act, 1898. In the former case, if there is no conviction on the count of being an habitual criminal, or no sentence is passed therefor, no record appears in these Statistics; but if the prisoner is convicted and sentenced on the charge, the sentence of preventive detention appears in Column 18 as an additional order made on his conviction of the specific offence which has led to his indictment as an habitual criminal.

In the case of a person convicted and sentenced as an habitual drunkard under Section I of the Inebriates Act, 1898, the sentence of detention in an Inebriate Reformatory is given in Column 17 and the footnote, whether it is in substitution for or in addition to a sentence of penal servitude or imprisonment. In the latter case the sentence of penal servitude or imprisonment does not appear in these Tables.

(d) Where a person is prosecuted for one offence and convicted for another (e.g., committed for murder and convicted of manslaughter) the case appears only under the offence of which he was convicted.

(e) All the Tables are for the calendar year ending 31st December, and include only cases finally determined within the year. Cases not entirely disposed of within the year (e.g., tried, but sentence postponed) are held over for the next year's Tables.

When, however, the Epiphany Quarter Sessions commence before the end of the year, any cases disposed of on or before 31st December are included in the Tables for the following year, so as to give four quarters uniformly in each year.