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21. The précis of facts, which should also be signed by the Chief Constable, should contain the full name, approximate age, occupation and address of the person against whom it is proposed to proceed, and outline the offence or offences in respect of which proceedings are desired.
22. The following Acts require the fiat of the Attorney-General as
a necessary preliminary to a prosecution:-
Explosive Substances Act, 1883. (Explosions likely to endanger
life or cause serious injury to property.) See page 37.
Firearms Act, 1920, Section 7.
with intent to endanger property.) See page 37.
(Having firearms or ammunition life or cause serious injury to
Geneva Convention Act, 1911. (Improper use of the Red Cross.)
See page 59.
Money-lenders Act, 1900. (Unregistered money-lenders or persons carrying on business at places other than their registered address.) See page 57.
Newspapers, Printers and Reading Rooms Repeal Act, 1869. (Persons printing, publishing or dispersing papers which do
not bear the printer's name and address or assisting in so doing.)
Prevention of Corruption Acts, 1906 and 1916. (Bribery and
corruption, including bribes to police officers.)
Public Bodies Corrupt Practices Act, 1889 (Bribery of members
and officers of public bodies).
Punishment of Incest Act, 1908.
23. In a case under the Punishment of Incest Act, 1908, the accused was arrested by a police officer on a charge of attempting to commit incest with his daughter, and a week later the Chief Constable com- municated with the Director of Public Prosecutions, who instituted proceedings for the full offence. The Judge before whom the prisoner was indicted, ruled that the indictment was bad because the prosecution had commenced with the arrest and charge of the prisoner for attempted incest, and that at that time Section 6 of the Act had not been complied with. The prisoner was thereupon discharged. In order to avoid any risk of the like failure in a future case, no prisoner should be arrested nor charge preferred under the Act unless the authority of the Director of Public Prosecutions or the sanction of the Attorney-General has been obtained first. In any case where the offence is in relation to a person under 16 years of age and there is no time to obtain the necessary authority or consent, the accused should be charged under the Criminal Law Amendment Act, 1885, and the facts reported to the Director of Public Prosecutions, with a view to a charge under the Punishment of Incest Act, 1908, being substituted, if this is thought desirable.
Prisoners awaiting Trial: Previous Convictions.
24. Governors of His Majesty's prisons are greatly assisted in the performance of their duty of preparing Calendars of prisoners if,
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whenever a prisoner is committed for trial, the Police at once communicate to the Governor any information regarding his previous convictions. The information should be supplied on the special forms, which can be obtained from any local prison.
25. Any police officer who recognises an unconvicted prisoner whom he sees at a Police Court, in prison, or elsewhere, as having been previously convicted of any offence, should report the particulars of the previous conviction at once, so that the officer in charge of the case and the Prison Governor may be informed.
26. If a prisoner is recognised, just before or during his trial, as having a previous conviction, the officer in charge of the case should furnish the Clerk of the Court with a form giving full particulars of the former conviction, and a duplicate should be forwarded to the Prison Governor with a note stating that the particulars have been supplied to the Clerk of the Court.
27. A list of the previous convictions recorded against a prisoner awaiting trial which it is proposed to lay before the Court is read to the prisoner in prison, and if he disputes any of them, a note to that effect is made on the list. Prison Governors are instructed to send the Police due notice if a prisoner shows an intention to dispute any previous conviction included in the list.
28. It is unusual for a prisoner not to admit a previous conviction which is charged in an indictment against him and police officers are, therefore, rarely called to give evidence regarding it. It is, therefore, unnecessary for police officers from another force to attend the Court merely to prove a previous conviction charged in an indictment, unless there is reason to think it will be disputed. The name of the officer who will be able to attend should, however, be obtained in order that a telegram may be sent if it becomes necessary. If a prisoner unex- pectedly repudiates a previous conviction charged against him, the case can generally be put back for the officer's attendance.
29. Paragraph 28 does not apply where prisoners are indicted as habitual criminals under Part II of the Prevention of Crime Act, 1908. Prisoners do not ordinarily plead guilty to such indictments, and it is therefore advisable for witnesses to be in attendance to prove the previous convictions essential to establish the charge of being an habitual criminal.
Production of Prisoners.
30. When the Police desire a prisoner in prison produced in Court, whether for the purpose of giving evidence in other cases or of being dealt with for another offence, application should be made to the Secretary of State for the issue of an order under Section 11 of the Prison Act, 1898. If an order is issued, the prisoner will be conveyed to the Court by prison officers and will remain in their custody.
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