15
It seems also desirable to remove the doubt that may arise whether, where the court within whose jurisdiction a fugitive offender is found has concurrent jurisdiction over the offence, he can be returned under the Bill.
The first two paragraphs of this clause have been drawn to meet the above objects, and expressly to authorize the return of the offender subject to a power to the Secretary
of State or Governor to direct his trial in the place where he is apprehended.
The object of the last paragraph of the clause is to go a step further, and to allow a Secretary of State or Governor, or a superior court, to remove an offender who is charged with an offence of the character above mentioned, to any part of Her Majesty's dominions in which it seems expedient to try him. This would prevent, such a failure of justice as occurred recently in the case of the Satsuma mutiny.
זי
The power to remove can only be exercised where the offender has left the place where the offence was committed, and the power is given to send him back if acquitted free of cost. But it may still be a question whether the power of removal is too great.
5
[39 VICT.]
Fugitive Offenders.
15
been committed in that part, and such fugitive offender may be apprehended and returned in pursuance of this Act, notwithstanding that in the place in which he is apprehended a court has jurisdiction to try him:
Provided, that if he is apprehended under Part One of this Act a Secretary of State or Governor, if he thinks it conducive to the interests of justice may, instead of issuing a warrant for the return of the offender, order him to be tried where he is apprehended.
Moreover, whenever a person accused of any such offence has
10 been apprehended, whether as a fugitive or not, elsewhere than in the place in which the offence was committed, a Secretary of State, a governor of a British possession, or a superior court, if satisfied that it would be conducive to the interests of justice, may by warrant direct the removal of such offender to some other part of Her
15 Majesty's dominions in which he can be tried, and the offender may be removed, and if acquitted or not prosecuted within six months, be sent back free of cost, in like manner as if he were a fugitive offender returned in pursuance of this Act and the warrant were
Note to clause 20.
20
The second paragraph of this clause is not in the existing Act, but seems necessary to facilitate the punishment of an escape, if an escape took place.
Note to clause 21.
I have inserted this clause for consideration.
a warrant for the return of such offender.
A.D. 1876.
20. If a prisoner escape by breach of prison or otherwise out Escape of of the custody of a person acting under a warrant for his return prisoner
from cus- issued in pursuance of this Act he may be retaken in the same tody. manner as a person accused of any crime against the laws of that See 6 & 7 part of Her Majesty's dominions to which he escapes may be retaken s. 5. 25 upon an escape.
The offence of escaping or attempting to escape, or aiding or attempting to aid the prisoner to escape by breach of prison or otherwise, from custody under such warrant shall be deemed for all purposes of jurisdiction to have been committed in the part of Her 30 Majesty's dominions to or from which the prisoner is being removed, or in the part in which he escapes, or in the part in which the offender is found, and the offender may be apprehended, tried, and punished accordingly, and the law applicable to such offender shall be the law of the part of Her Majesty's dominions in which he is tried.
It is of some importance in the enso
35
of British possessions or of courts under the Foreign Jurisdiction Act, but I presume hardly applies in the case of the United Kingdom.
Note to clause 22.
This clause is not in the existing Act, which speaks of "the depositions upon which "the original warrant was granted." There may be cases in which the warrant is granted upon an information sufficient to justify the issue of it, but which repuires to be supplemented by further evidence in order to justify a committal ¡for strial, and therefore the return of the offender.
40
Vict., c. 34,
21. All enactments with respect to the removal of offenders by Application order of a consular officer shall extend to the return of an offender of enact-
menta (17 under this Act, in the same manner as if the expression "consular & 18 Vict.. officer " in those enactments included the authority issuing a warrant for such return.
c.104, s. 265)
to return of offender.
tions.
22. A magistrate may take depositions for the purposes of this Power to Act in the absence of an offender, in like manner as he might take
take deposi-
the same if the offender were present and accused of the offence before him.
PUBLIC RECORD OFFICE
Reference :-
LTICO. 885
4 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE
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