[39 VICT.]
Fugitive Offenders.
9
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Note to clause 2.
This clause extends the Bill to persons convicted.
Prison breach (whether before or after conviction) is, if the prisoner was in custody for treason or felony, punishable under 7 & 8 Geo. 4. c. 28. 6. 1 with penal servitude, but otherwise is a misdemeanor at common law.
An escape either out of the custody of a constable or from prison (where there is no "breaking") is a misdemeanor at common law, but is now (though apparently only in the case of an unconvicted prisoner) puuishable with hard labour under 14 & 15 Vict. c. 100. s. 29.
An escape by a convicted prisoner is a misdemeanor at common law, and was not punishable by hard labour until 14 & 15 Vict. c. 100 made it so punishable.
Under the English Transportation (now Penal Servitude) Acts, a criminal unlawfully at large before the expiration of his sentence is guilty of a capital felony.
Consequently, prison breach or escape by a misdemeanant, unless sentenced to penal servitude, is not punishable with hard labour, and very possibly in some of the colonies 14 & 15 Vict. c. 100 is not in force. In either case the offence will not come within
the definition of an offence under clause 11.
5
DRAFT
OF A
BILL
TO
h
Amend the Law with respect to Fugitive Offenders in Her Majesty's Dominions.
BE it enacted by the Queen's most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows; (that is to say,)
1. This Act may be cited as the Fugitive Offenders Act, 1876.
A.D. 1876.
Short title.
PART I.
RETURN OF FUGITIVE OFFENDERS.
2. Where a person accused or convicted of an offence (to which Liability of this part of this Act applies) committed in one part of Her Majesty's fugitive
Note to clause 3.
This clause gives to a judge in the United Kingdom, and to a metropolitan police magistrate at Bow Street, and to the governor of a colony, the power of endorsing a warrant, which he does not possess at present.
There seems to be no ground why a judge in a colony should, and a judge in England should not, or why a Secretary of State in England should, and a Governor of a colony should not, have the power of endorsing the warrant.
The existing Act allows the warrant to be endorsed only when it has been lawfully issued. Consequently, however good ground the Secretary of State or other person endorsing it may have for believing that the warrant has been lawfully issued, his endorsement would be void if it should turn out that the warrant was not lawfully issued. The Bill alters this, providing that if the warrant has been actually issued, and the endorser is satisfied that it has been lawfully issued, his endorsement shall be a sufficient authority for the apprehension.
The clause does not require an oath to satisfy the endorsing authority of the lawful issue of the warrant. This departure from the existing Act, and from the practice as to backing warrants under 11 & 12 Vict. c. 42, which requires the signature of the justice issuing the warrant to be proved on oath, seems necessary to make the clause consistent with the provisions of clause 9, which allow an official seal to authenticate a
warrant.
offender
10 dominions is in or suspected of being in another part of Her to be appre-
Majesty's dominions, such person (in this Act referred to as a fugitive offender from the first-mentioned part) shall be liable to See 6 & 7 be apprehended and returned to that part in manner provided by ss. 1, 2.
hended and returned.
Vict., c. 34,
this Act.
15.
A fugitive offender may be so apprehended under an endorsed warrant or a provisional warrant.
Warrant for
3. Where a warrant has been issued in one part of Her Majesty's Endorsing of dominions for the apprehension of a fugitive offender from that part, apprehen- any of the following authorities in another part of Her Majesty's sion of fugi- 20 dominions; (that is to say,)
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(1.) Any judge of a superior court; and
(2.) In the United Kingdom a Secretary of State and one of the magistrates of the metropolitan police court in Bow Street; and
(3.) In any British possession the governor of that possession,
tive offender. See 6 & 7
Vict., c. 34, 58 1, 2.
PUBLIC RECORD OFFICE
Reference :-
CO. 885
PUBLIC RECORD OFFICE, LONDON
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