Grand Jury Abolition Act Amendment Act 1883
Grand Jury Abolition Act Amendment Act 1883
Western Australia
Grand Jury Abolition Act Amendment Act 1883
Contents
1.Short title1
2.Interpretation of terms1
3.Repeal of Acts1
4.No Grand Jury to be summoned2
10.Attorney General and State Solicitor to be public prosecutors2
11.Procedure when Attorney General declines to file an information2
12.Procedure when Chairman of Quarter Sessions declines to file an information3
13.Penalty if Sheriff or gaoler refuse to discharge prisoner3
14.Information or trial in a district other than that mentioned in the Act not to be invalid4
15.Commencement4
Schedule of this Act
Notes
Compilation table8
Western Australia
Grand Jury Abolition Act Amendment Act 1883
An Act to consolidate and amend the laws providing for the abolition of Grand Juries, and for the summary discharge, in certain cases, of persons under committal for trial for felonies and misdemeanours.
Preamble
Whereas it is expedient to consolidate and amend the Ordinances of the 18th Vic. No. 5, and the 23rd Vic. No. 2, and to make further provision for the summary discharge, in certain cases, of persons under committal as aforesaid: Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: —
This Act may be cited as the Grand Jury Abolition Act Amendment Act 1883 1.
[Section 1 inserted by No. 74 of 2003 s. 136.]
In the construction of this Act the words “General Quarter Sessions” shall mean the Courts established under the provisions of 9th Vic. No. 4 2.
The Acts mentioned in the Schedule hereto are hereby repealed.
4.No Grand Jury to be summoned
A Grand Jury shall not be summoned for the Supreme Court of Western Australia, nor for any General Quarter Sessions for the said Colony.
[5‑9.Repealed by 1 & 2 Edw. VII No. 14 s. 3.]
10.Attorney General and State Solicitor to be public prosecutors
The Attorney General and the State Solicitor, or either of them, or some other person duly appointed for that purpose, shall act as public prosecutors, and conduct all criminal trials held in the Supreme Court.
[Section 10 amended by No. 65 of 2003 s. 93.]
11.Procedure when Attorney General declines to file an information
When a person has been committed or held to bail as aforesaid to take his trial before the Supreme Court for any felony or misdemeanour, and the Attorney General shall, in the exercise of his discretion, decline to file an information against such person, the Attorney General shall forthwith grant a certificate under his hand in the form No. 2 in the Schedule, addressed to the Chief Justice of the Supreme Court, which shall be filed by the Registrar thereof with the records of the said Court; and if the said person has been committed to gaol pending his trial the Attorney General shall also, by warrant under his hand, in the form No. 3 in the Schedule, forthwith direct the Sheriff or gaoler in whose custody such person may be to discharge immediately such person from imprisonment, and every such Sheriff or gaoler shall forthwith discharge such person from custody; and if the said person is on bail the Registrar of the Supreme Court shall, by writing under his hand, forthwith inform the person charged, and the persons who are bail for his appearance at the trial, that the Attorney General has declined to prosecute, and that the recognizances are discharged.
12.Procedure when Chairman of Quarter Sessions declines to file an information
If such person has been committed to take his trial before any Court of General Quarter Sessions, and the chairman of the said sessions shall in the exercise of his discretion decline to file an information against such person, the said chairman shall forthwith grant a certificate under his hand, in the form No. 4 in the Schedule, addressed to the Court of General Quarter Sessions of which he is chairman, and the said certificate shall be filed by the clerk of such Court amongst the records of the Court; and if the said person has been committed to gaol, and is in custody pending his trial, he shall also by warrant under his hand, in the form No. 5 in the Schedule, forthwith direct the Sheriff or gaoler in whose custody such person is to discharge immediately such person from custody, and every such Sheriff or gaoler shall immediately discharge such person from custody; and if such person is on bail, the clerk of the said Court shall, by writing under his hand, inform the person charged, and the persons who are bail for his appearance at the trial, that the said chairman has declined to prosecute, and that the recognizances are discharged.
13.Penalty if Sheriff or gaoler refuse to discharge prisoner
If any such Sheriff or gaoler, after receiving a warrant as aforesaid, shall refuse or neglect to discharge immediately such person from custody as aforesaid, he shall for every such refusal or neglect be guilty of a misdemeanor, and he shall be liable to forfeit and pay to the use of Her Majesty a fine or penalty of $100, to be recovered by action in the Supreme Court in the name of Her Majesty’s Attorney General.
[Section 13 amended by No. 113 of 1965 s. 8(1).]
14.Information or trial in a district other than that mentioned in the Act not to be invalid
No information or trial or proceedings in connection therewith in any Court of General Quarter Sessions shall be held to be bad or invalid by reason of such information having been filed or such trial or proceedings having been held or taken in a district other than that in which the committing Justice or Justices reside or in which the offence charged was committed.
This Act shall commence and take effect from and after 1 November 1883.
18 Vic., No. 5. — ‘An Act to abolish Grand Juries, and to substitute other provisions in lieu thereof.’
23 Vic., No. 2. — ‘An Ordinance to provide for the Summary Discharge, in certain cases, of Persons under Committal for Felony and Misdemeanor.’
Form No. 1
In the Supreme Court Western Australia.
Be it remembered that the Honourable (name of Attorney General) Attorney General of our Sovereign Lady the Queen, who for our said Lady the Queen prosecutes in this behalf, in his proper person comes into the Supreme Court of our said Lady the Queen, at Perth, in the Colony aforesaid, on the day of in the year of our Lord 20 ; and for our said Lady the Queen gives the Court here to understand and be informed that (here state the offence charged as in an indictment).
In the Court of General Quarter Sessions of (name of district) Western Australia.
Be it remembered that (name of Chairman) the Chairman of the General Quarter Sessions of the Peace held at (name of place) in his proper person comes into the said Court at (name of place) in the Colony aforesaid, on the day of in the year of our Lord 20 , and gives the Court here to understand and be informed that (name of prisoner) is charged for that (here state the offence charged as in an indictment).
Form No. 2
To , Esquire, Chief Justice of the Supreme Court of Western Australia.
This is to certify that I decline to file any information against (name of person charged), on a charge of (here state what the charge is).
Given under my hand this day of , 20 .
Attorney General.
Form No. 3
To , Esquire, Sheriff of the Colony of Western Australia (or to A.B. the Gaoler of as the case may be).
Whereas detained in your custody under a Warrant of Esquire, Justice of the Peace, upon a charge of ; And whereas I have declined to file any information against the said for the said offence; You are hereby authorised and required forthwith to discharge the said from your custody upon the said Warrant.
Given under my hand this day of 20 .
Attorney General.
Form No. 4
To the Court of General Quarter Sessions of
This is to certify that I decline to file any information against (name of person charged) on a charge of (here state what the charge is).
Given under my hand this day of 20 .
(Name) Chairman of General Quarter Sessions.
Form No. 5
To the Gaoler of
Whereas detained in your custody under the warrant of Justice of the Peace, upon a charge of ; And whereas I have declined to file any information against the said for the said offence; You are therefore hereby authorised and required forthwith to discharge the said from your custody upon the said warrant.
Given under my hand this day of 20 .
Chairman of General Quarter Sessions.
1This reprint is a compilation as at 16 January 2004 of the Grand Jury Abolition Act Amendment Act 1883 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint 3.
|
Short title |
Number and year |
Assent |
Commencement |
|
The Grand Jury Abolition Act Amendment Act 1883 4 |
47 Vict., No. 6 (1883) |
8 Sep 1883 |
1 Nov 1883 (see s. 15) |
|
Criminal Code Act 1902 s. 3 |
1 & 2 Edw. VII, No. 14 |
19 Feb 1902 |
19 Feb 1902 |
|
Decimal Currency Act 1965 |
113 of 1965 |
21 Dec 1965 |
s. 4‑9: 14 Feb 1966 (see s. 2(2)); |
|
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 93 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) |
|
Statutes (Repeals and Minor Amendments) Act 2003 s. 136 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Reprint 1: The Grand Jury Abolition Act Amendment Act 1883 as at 16 Jan 2004 (includes amendments listed above) |
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|
This Act was repealed by the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 5 (No. 84 of 2004) as at 2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 and 7 Jan 2005 p. 53) |
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29 Vict. No. 4. An Ordinance to make provision for the trial of criminal offences at Albany and other remote districts of the Colony of Western Australia. Repealed by Act No. 24 of 1921.
3This Act was affected by The Grand Jury Abolition Act Amendment Act 1893 (57 Vict. No. 6) which was repealed by the Criminal Code Act 1902 s. 3 and Sch. 3.
4Now known as the Grand Jury Abolition Act Amendment Act 1883; short title changed (see note under s. 1).
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
General Quarter Sessions2