will now be forthcoming to take his trial; but either on account of his having avoided the warrant of arrest, or because he has been admitted to bail and does not surrender, process must issue to bring him into court. For some good reason it may be desirable to remove the trial to the supreme criminal court by a writ of certiorari. The day of trial having arrived, the prisoner is arraigned, or called to the bar of the court to answer the charge against him. If he does not confess, or stand mute, he will then shew in what way he proposes to meet the charge, whether by demurring to the sufficiency in point of law of the charge; or by pleading some particular obstacle to his being convicted; or, generally, that he is not guilty. Issue is then joined, and the trial of the question in point takes place. The prisoner is said to be convicted on the jury finding a verdict of guilty; and judgment, and the other consequences of this conviction, follow. The effects of this judgment will, however, be avoided by its being reversed, or by the prisoner being reprieved or pardoned. Lastly, if the prisoner has been convicted of a capital crime, he must suffer execution.

tion of.

CHAPTER III.

ARREST.

Arrest, defini- THE apprehending or restraining of a man's person, in order to insure his being forthcoming to answer an alleged or suspected crime (d). Any person is liable to an arrest on a criminal charge, provided he is charged with such a crime as will at least justify holding him to bail when taken.

Warrant.

By whom granted.

An arrest may be made either :

A. By warrant.

B. Without warrant.

Here we shall have to distinguish three cases. Where the arrest is (a) by an officer; (b) by a private person; (c) by hue and cry.

A. A warrant is a precept under hand and seal to some officer to arrest an offender, that he may be dealt with according to due course of law.

A warrant may, under certain circumstances, be granted by the speaker of the House of Lords or House of Commons; or by the privy council; or by one of the secretaries of state. A judge of the Queen's Bench Division may issue a warrant to bring before him for examination any person charged with felony. He may also issue his warrant for apprehending and holding to bail any person, upon affidavit or certificate of the fact

(d) It is almost unnecessary to remind the reader that a person may under certain circumstances be arrested in a civil proceeding, and not only for a crime.

that an indictment has been found, or information filed in that court against any such person for a misdemeanor (e). Courts of oyer and terminer (i.e., in general the assizes and Central Criminal Court) and the justices at sessions may also issue warrants against those against whom indictments for felony or misdemeanor have been found within their jurisdiction.

The above cases are of an exceptional character. Warrants usuWarrants are ordinarily issued by justices of the peace, by magistrates ally granted not sitting in sessions. The law on this subject was out of sessions. consolidated by 11 & 12 Vict. c. 42 (ƒ).

warrant will

In what cases may it be issued.-When a charge or When a complaint has been made before one or more justices be issued. that a person has committed or is suspected to have committed any treason, felony, or indictable misdemeanor, or other indictable offence, within his or their jurisdiction; or that, having committed it elsewhere (even within the Admiralty jurisdiction or on land beyond the seas (g)), he resides within his or their jurisdiction; then, if the accused is not in custody, two courses are open to the justice; (a) to issue a warrant to apprehend and bring the accused specially before himself, or, generally, before other justices of the jurisdiction; or (b) to issue, in the first place, a summons directed to the accused, requiring him to appear before himself, or other justices of the jurisdiction; and then, only if the summons is disobeyed by non-appearance, to issue a warrant (h).

A justice will also issue a warrant to apprehend a person against whom an indictment has been found, on the production to him of the certificate of the clerk of

(e) 48 Geo. 3, c. 58, s. 1.

(f) This statute does not affect the Metropolitan Police, or the London Police Acts.

(g) 11 & 12 Vict. c. 42, s. 2.

(h) Ibid. s. 1.

The information.

The summons.

The warrant.

indictments at the assizes, of the peace at the sessions. If the party indicted is already in custody for some other offence, the justice may issue his warrant to the gaoler, commanding him to detain the accused until he shall be removed by habeas corpus for the purpose of being tried on the indictment, or until he shall otherwise be removed or discharged out of his custody in due course of law (i).

To enable a justice to issue a warrant in the first instance (ie., as in (a) above), it is necessary that an information and complaint in writing, on the oath or affirmation of the informant, or of some other witness on his behalf, should be laid before the justice. But if a summons only is to be issued in the first instance, the information may be by parol and without oath (j).

The summons is directed to the accused. It states shortly the charge, and orders him to appear before the justice issuing it, or some other justice of the jurisdiction, at a certain time and place. It is served by a constable on the accused personally, or at his last and usual place of abode (k).

The warrant is directed to a particular constable, or to the constables of the district where it is to be executed, or generally to the constables of the jurisdiction

(i) 11 & 12 Vict. c. 42, s. 3.

(j) Ibid. s. 8.

(k) Ibid. s. 9. The following is an example of a summons:—

"To John Styles, of, &c., labourer. Whereas you have this day been charged before the undersigned, one of her Majesty's justices of the peace in and for the said county of ****, for that you on, &c. (the offence stated shortly): These are therefore to command you, in Her Majesty's name, to be and appear before me on Thursday, the 15th day of June, at eleven o'clock in the forenoon at **** or before such other justice or justices of the peace for the said county as may then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not.

"Given under my hand and seal, this 13th day of June, in the year of our Lord 1876, at ****, in the county aforesaid.

"J. H. (L. S.)."

of the issuing justice. It states shortly the offence, and indicates the offender, ordering the constable to bring him before the issuing justice, or other justices of the same jurisdiction. It remains in force until executed, the execution being effected by the due apprehension of the accused (1). It may be issued on Sunday as well as on any other day (m).

warrant.

A warrant from the chief or other justice of the Backing the Queen's Bench Division extends all over the kingdom, and is tested, or dated, England, not Oxfordshire, Berks, or other particular county. But the warrant of a justice of the peace in one county, as Yorkshire, must be backed, that is, signed by a justice of the peace in another, as Middlesex, before it can be executed in the latter (n). But the justice backing, in certain cases, may require the accused to be brought before him, or some other justice of the jurisdiction (o). A warrant issued in England may be backed not only in another jurisdiction in England, but also in Scotland, Ireland, or the Channel Islands, and vice versâ (p).

the warrant.

When a warrant is received by the officer, he is Executing bound to execute it, so far as the jurisdiction of the justice and himself extends. And a warrant drawn up according to the statutory form will (even though the magistrate who issued it has exceeded his jurisdiction),

(11 & 12 Vict. c. 42, s. 10. An example of a warrant :— "To the constable of **** and to all other peace officers in the said county of * **. Whereas A. B. of ****, labourer, hath this day been charged upon oath before the undersigned, one of Her Majesty's justices of the peace in and for the said county of ****, for that he on **** at * * * * did, &c. (stating shortly the offence): These are therefore to command you, in Her Majesty's name, forthwith to apprehend the said A. B., and to bring him before me, or some other of Her Majesty's justices in and for the said county, to answer unto the said charge, and to be further dealt with according to law.

"Given under my hand, &c." (as in the case of a summons).

(m) Ibid. s. 4.

(n) 4 Bl. 291.

(0) Ibid. s. 11.

(p) Ibid. ss. 12-15. See also 14 & 15 Vict. c. 55, s. 18. As to the colonies, 6 & 7 Vict. c. 34, and 16 & 17 Vict. c. 118.