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PUBLIC RECORD OFFICE

Reference :-

C.O.885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

any

A "peace officer" includes any magistrate or justice of the peace, and

officer or constable of the A.B. Police, and any person specially required by any warrant lawfully issued by any magistrate or justice of the peace to perform any duty, and («s the case may be).

"Person" and "owner," when used with reference to C. 1. property, include corporations of all kinds, and any other associations of persons, capable of holding property: they also include His Majesty.

Code, 1878,

B. 69.

A person employed in the "public service" includes any Cf. Draft person who is by law authorised or required to execute particular duty towards the public, whether he acts gratuitously or not, whether he is paid by salary or fees, and whether he exercises any other profession, or follows any other calling, besides the performance of his public duties.

A "ship" means any vessel used in navigation usually pro- pelled entirely or in part by sails or machinery.

A "simple offence" is an offence which may be tried at summary jurisdiction.

"Statutė" means a statute of the United Kingdom.

"United Kingdom

Britain and Ireland.

25

means the United Kingdom of Great

4. Place of Commission of Offence.

An offence shall, for purposes of trial and punishment, be A. 5. deemed to be committed at any place, or any of the places, B. 4, where any act is done or omitted, the doing or omitting C 12-14.

which forms a part of the offence, or where any event happens necessary to the completion of the offence.

Every one shall be deemed to have done an act in any place who, would have been party to or guilty of an offence in respect of such act if such place had been A.B., and if he been in À.B. when such act was done.

་

Ď.—Application of this Code.

This Code applies to--

A. 4.

(1.) Any person who commits an offence while he is in B. 3. A.B.; and

(2.) Any person who enters A.B. after doing any act in A.B. while he was not in A.B., which act would have been an offence if he had been in A.B. when he did it, and if the offence, had it been so committed, would have been com- pleted in A.B.;

4

and this Code shall apply to him so that he may be tried and punished as if he had been in A.B. when he did the said set; provided that a person who is not one of His Majesty's subjects is not liable to be tried or punished under this Code in respect of any act done by him while he was not in A.B., unless he comes into A.B. before or at the time of its com- pletion; and, provided that in the construction of this enactment in relation to such a person being on a foreign ship, the expression A.B. shall be deemed not to include the territorial waters of His Majesty's dominions within the meaning of the Territorial Waters Jurisdiction Act, 1878, adjacent to the coasts of A.B.; and

C. 12-14.

A. 6.

"O., B. 5 of

the Act.

5

(3.) Any person who while he is in A.B. does an act ́ at a place not in A.B., of such a nature that if he had done the act in A.B. he would have been a party to and guilty of an offence, and that if he had been in the place where the act was done at the time at which it was done, he would have been guilty of an offence under the laws in force in such place and this Code shall apply to him so that he may be tried and punished for an offence of the same kind as he would have committed had he done his act in A.B.;

Provided that he shall not be liable to a greater punish- ment than that which he would have incurred under the laws in force in the place where the act was done, if he had been in that place when the act was done;

•

and provided that no prosecution shall be commenced or take place under this subsection, except on the request of the Government of the State having jurisdiction in the place where the act

occurred.

6. Operation of the Code; how far exclusive.

When any person does an act not being an offence under this Code, which renders him liable to punishment on trial and conviction in England, and which if it were an offence under this Code would render him liable to be tried in A.B., he may be tried as if his act were an offence under this Code, and he shall be liable to such punishment as shall seem to the Court most nearly to correspond to the punishment to which such person would have been liable in case such offence had been committed in England.

Nothing in this Code shall prevent the trial in A.B. of any person under any Statute if and so far as it is applied to A.B., or which is in force in all parts of His Majesty's dominions not excepted from its operation, or which authorizes the trial and punishment in A.B. of offenders who have at places not in A.B. committed offences against the laws of any part of His Majesty's dominions.

Nothing in this Code shall affect the power of any Court to punish any person for contempt of court.

Subject to the provisions of this section, no person shall be liable to be tried or punished in A.B. for any act done by him except under this Code or some other Ordinance of A.B.

When any person is punishable under two or more sections of this Code he may be tried under either or any of such sections.

Nothing in this or the preceding section shall be held to derogate from the effect of or in any way alter the effect of any of the provisions of The Admiralty Offences (Colonial) Act, 1849, or The Courts (Colonial) Jurisdiction Act, 1874, or any other Statute.

CHAPTER II.-PUNISHMENTS.

7.-Punishments.

The following punishments may be inflicted under this A. 20,

Code:-

(1.) Death;

--(2.) Penal Servitude;

(3.) Imprisonment with or without hard labour;

(4.) Flogging;

B. 7.

C. 18..

(5.) Whipping;

(6.) Fine.

[(7.) Police Supervision.]

8.—Runishment for Felony, Misdemeanour, and Simple Offence.

▸

A person convicted of a felony for which no punishment is ▲ 22.

specified is liable to penal servitude for seven years.

A person convicted of a misdemeanour for which no punish- ment is specified is liable to imprisonment with hard labour of two years.

A person convicted of a simple offence for which no punish- ment is specified is liable to imprisonment with hard labour for three months.

9.-Discretion of the Court as to the Amount of Punishment.

Where any person is liable to be sentenced to penal servitude A. 13. for life or for any term of years, he may be sentenced to any B. 12. shorter term of penal servitude not less than three years, or

C. 19 (1)– instead thereof to any term of imprisonment not exceeding two

(3). years, with or without hard labour.

Where any person is liable to a sentence of imprisonment for any term, he may be imprisoned for any shorter term, and where he is liable to be sentenced to imprisonment with hard labour, he may be sentenced to imprisonment without hard labour

Where any person is liable to any punishment other than a fine, except death, he may be sentenced to pay a fine instead of, or in addition to, such punishment; provided that, subject to the provisions of this Code, in case such fine is inflicted in respect of a felony or misdemeanour, the amount thereof shall not be excessive, and that if it is inflicted in respect of a simple offence the amount thereof shall not exceed £5.

Where any person is condemned to pay a fine, such fine Grenada, may be recovered by the seizure and sale of his goods, according

36, 37. to the regulations made by the Governor in that behalf; or the Court inflicting the fine may, in its discretion, order that it may be forthwith recovered by imprisonment, provided that—

(1.) if such fine is inflicted in respect of a felony or misdemeanour the term of such imprisonment to be imposed in case the fine is not paid, shall not, either alone or together with the term of any imprisonment imposed as

■ punishment, exceed the longest term of imprisonment which can be imposed as a punishment; and