CO885(3-4) — Page 207

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

4

British Honduras,

British Guiana.

2

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Power to cancel warrants given to Government by Clause 4 should be given to a Judge of Supreme Court. Apparent discrepancy between Sections 5 and 11. Principle of existing law preferable, which requires offence to be recognized as such by the law of the place in which warrant is endorsed. List of offences in Section 11 too wide as regards misde meanors; also that words from "where by reason down to "applies " to be omitted, as it is undesirable for a Colonial Court to solve difficulties which can be settled authoritatively in another way, and in the first instance. Section 12. Discretionary power given to Supreme Court might, more properly, be placed in Governor's. hands to be exercised upon report of the judges. Query as to definition of a "trivial offence.” Section 17. Proviso should be inserted similar to Clause 19. Provision should be added as to what evidence of a theft in one colony shall suffice to support a charge of receiving in another colony. Section 22. Some definition of the term "offender" required. A general provision required for enabling the courts of each colony to inform themselves as to the laws of each other colony. Concurs that there should be a general enactment with respect to offences begun in one colony and completed in another, but subject to similar proviso as proposed for Section 17; also that like dircre- tionary power should be vested in Government or a judge in case of prosecutions under Section 23. Desirable that Supreme Court of a colony should be empowered to make rules for carrying out the Act.

Power of endorsing warrants under Section 3 should be exercised only by professional judges, and stipendiary magistrates only should issue warrants of arrest. Costs of executing warrants of arrest to be borne by colony in which crime was committed, and sanction of the Governor to be required for issue of the wariant. Section 9. Certificates to be under the hand of the Governor and public seal of the colony. In interpretation clause, the term "in- dictment," to include any criminal information pre- ferred by a public prosecutor, and any inquisition found by a coroner's jury. Colony cannot be grouped with any others, but clause should be introduced into first part of the Bill to include cases mentioned in the 17th Section.

Points out difficulty of accused person, in colony where offence was not committed, procuring evidence of absent witnesses necessary for his defence. Sec. tion 11. As few statutes mention minimum of punish- ment, necessary to guard against misconception on this point. Section 17 suggests that no person should be liable to removal for thefts of small amount, or receipt of stolen property of small value. Section 10. Provision should be made with respect to the expenses of apprehension and return of a fugitive from one colony to another, and for defining the duty and liability of cach colony. Sections 2 and 11 require reconsideration in the matter of "flight," as it would be harsh to regard mere absence as flight, many persons in the colonies being constantly on the move.

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Bahainas.

Trinidad.

Barbados.

St. Vincent.

Grenada,

Tobago.

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12th Section is not sufficient. Suggests division of offences into two classes, one where absence should constitute "flight," in the other to be left to discre tion of the judicial officer. West India Islands to form one group with British Guiana, and no reason why these colonies should not have one uniform criminal law, the law of England. Desirable to relieve Governor, and to confine the endorsing warrants entirely to judges. This also

power of applies to last clause, of 19th section. Undesirable that Governor and Supreme Court should have concurrent powers. Warrant should be endorsed by a judge of the Supreme Court of the place where issued, and prosecutor should give security for expense of bringing back accused, and for indem- nifying accused if unjustly charged. If warrant were endorsed as above, and signature duly authenticated, warrant might run throughout Queen's dominions,

Very useful, and will in no way interfere with any local law. Thinks that the 19th section should extend to convicted persons.

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Agrees that Clause 17 should be placed in first part of the Bill. Escape and prison breach should, in all cases, be within Part I. of the Bill. could be done by colonial legislation making these offences punishable, so as to bring them within Clause 11. It should be made clear that subsequent colonial legislation would have this effect. In many grave offences in the colony there is no inferior limit of punishment, and, therefore, Bill would not apply in many cases; also no penal servitude in the colony. Clause 21 appears to go beyond scope of Clause 2. Thinks, if retained, it should be transferred to Part I. Clause 28. Term "Governor" should be more clearly defined.

Clause 12. The words "Judge of a Superior Court" should be substituted for the words used in clause, to meet special circumstances of the colony, as the Court of Grand Sessions only meets three times a year.

Present definition would require all

the judges of a court to be present. The above also applies to the 19th clause. Concurrent jurisdiction of Governor and court inconvenient. This would be avoided if power were vested in Supreme Court "or any judge thereof."

Operation of Clause 17 should be extended' as suggested in the Note in the Draft Bill.

Part II. should be extended to the West Indies. Provision should be made for reimbursing a colony the expenses incurred in the apprehension and deten- tion of an offender.

Clause 15. Bill should provide in what manner the magistrate is to be satisfied that the warrant was lawfully issued. Same provision and precaution, as in 16th clause, shall be extended to this. Clause 17 should certainly be placed in Part 1. and should also refer to offences of a much more serious nature than those mentioned.

PUBLIC RECORD OFFICE, LONDON

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