1819: 60 George 3 & 1 George 4 c.4: Misdemeanours Act

1819: 60 George 3 & 1 George 4 c.4: An Act to prevent Delay in the Administration of Justice in Cases of Misdemeanor.

[23d December 1819.]

WHEREAS great Delays have occurred in the Administration of Justice, in Cases of Persons prosecuted for Misdemeanors by Indictment or Information in His Majesty’s Courts of King’s Bench at Westminster and Dublin, and by Indictment at the Sessions of the Peace, Sessions of Oyer and Terminer, Great Sessions and Sessions of Gaol Delivery, in that Part of Great Britain called England, and in Ireland respectively, by reason that the Defendants in some of the said Cases have, according to the present Practice of such respective Courts, an Opportunity of postponing their Trials to a distant Period, by meant of Imparlances in the said several Courts of King’s Bench, and by Time being given to try in such respective Courts of Session; For Remedy thereof be it enacted by The King’s Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

[Persons prosecuted in K. B. for Misdemeanours, appearing in Court, not permitted to imparle.]

That from and after the passing of this Act, where any Person shall be prosecuted in His Majesty’s Court of King’s Bench at Westminster or in his Majesty’s Court of King’s Bench in Dublin respectively, for any Misdemeanor, either by Information or by Indictment there found or removed into the same respective Courts, and shall appear in Term time in either of the said Courts respectively in Person, to answer to such Indictment or Information, such Defendant upon being charged therewith shall not be permitted to imparle to a following Term, but shall be required to plead or demur thereto within Four Days from the time of his or her Appearance;

[Judgment may be entered for want of Plea.]

and in Default of his or her pleading or demurring within Four Days as aforesaid, Judgment may be entered against the Defendant for Want of a Plea; and in case such Defendant shall appear to such Indictment or Information by his or her Clerk or Attorney in Court, it shall not be lawful for such Defendant to imparle to a following Term, but a Rule requiring such Defendant to plead may forthwith be given, and a Plea or Demurrer to such Indictment or Information enforced, or Judgment by Default entered thereupon, in the same manner as might have been done, before the passing of this Act, in Cases where the Defendant had appeared to such Indictment or Information by his or her Clerk in Court or Attorney in a previous Term.

[Court may allow further Time to plead.]

II. Provided always, and be it further enacted, That it shall be lawful for the said respective Courts, or for any Judge of the same respectively, upon sufficient Cause shown for that purpose, to allow further Time for such Defendant to plead or demur to such Indictment or Information.

[Persons in Custody or held to Bail within 20 days before Sessions, to plead, unless a Writ of Certiorari delivered before Jury sworn.]

III. And be it further enacted, That from and after the passing of this Act, where any Person shall be prosecuted for any Misdemeanor by Indictment at any Session of the Peace, Session of Oyer and Terminer, Great Session or Session of Gaol Delivery to within that Part of Great Britain called England, or in Ireland, having been committed to Custody or held to Bail to appear to answer for such Offence Twenty Days at the least before the Session at which such Indictment shall be found, he or she shall plead to such Indictment, and Trial shall proceed thereupon at such same Session of the Peace, Session of Oyer and Terminer, Great Session or Session of Gaol Delivery respectively, unless a Writ of Certiorari for removing such Indictment into His Majesty’s Courts of King’s Bench at Westminster or in Dublin respectively, shall be delivered at such Session before the Jury shall be sworn for such Trial.

[Certiorari may be issued before Indictment found.]

IV. And it is hereby declared and enacted, that such Writ of Certiorari may be applied for and issued before such Indictment has been found, in like Cases, in the same manner, and upon the same Terms and Conditions, as if such Writ of Certiorari had been applied for after such Indictment had been found.

[In what Cases Indictments may be tried at subsequent Sessions:]

V. And be it further enacted, That from and after the passing of this Act, where any Person shall be prosecuted for any Misdemeanor by Indictment at any Session of the Peace, Session of Oyer and Terminer, Great Session or Session of Gaol Delivery within that Part of Great Britain called England, or in Ireland, not having been committed to Custody or held to Bail to appear to answer for such Offence Twenty Days before the Session at which such Indictment shall be found, but who shall have been committed to Custody or held to Bail to appear to answer for such Offence at some subsequent Session, or shall have received Notice of such Indictment having been found Twenty Days before such subsequent Session, he or she shall plead to such Indictment at such subsequent Session, and Trial shall proceed thereupon at such same Session of the Peace, Session of Oyer and Terminer, Great Session or Session of Gaol Delivery respectively,

[Unless Certiorari delivered as herein mentioned.]

unless a Writ of Certiorari for removing such Indictment into His Majesty’s Courts of King’s Bench at Westminster or in Dublin respectively shall be delivered at such last mentioned Session before the Jury shall be sworn for such Trial, any Law or Usage to the contrary notwithstanding.

[Proviso for removing Indictments found by Grand Jury to an adjoining County to be tried.]

VI. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to prevent any Indictment, found by a Grand Jury of any City or Town Corporate, from being removed, at the Prayer of any Defendant, for Trial by a Jury of the County next adjoining to the County of such City or Town Corporate, pursuant to the Provisions of an Act passed in the Thirty eighth Year of His present Majesty’s Reign,

[38 G. 3. c.52.]

intituled An Act to regulate the Trial of Causes, Indictments and other Proceedings, which arise within the Counties of certain Cities and Towns Corporate within this Kingdom; and upon such Removal, the Defendant shall plead, and the Trial shall be had according to the Provisions of this Act, in like manner as if such Indictment had been originally found by a Grand Jury of such next adjoining County.

[Court may allow further Pleading, &c.]

VII. Provided also, and be it enacted, That it shall be lawful for the Court, at any Session of the Peace, Session of Oyer and Terminer, Great Session or Session of Gaol Delivery respectively, upon sufficient Cause shown for that purpose, to allow further Time for Pleading to any such Indictment, or for Trial of the same.

[In Prosecutions by Attorney General, &c.]

VIII. And be it further enacted by the Authority aforesaid, That in all Cases of Prosecutions for Misdemeanors, instituted by His Majesty’s Attorney or Solicitor General, in any of the Courts aforesaid,

[ Copy of Information, &c. delivered gratis.]

the Court shall, if required, make Order that a Copy of the Information or Indictment shall be delivered, after Appearance, to the Party prosecuted, or his Clerk in Court or Attorney, upon Application made for the same, free from all Expence to the Party so applying; provided that such Party, or his Clerk in Court or Attorney, shall not have previously received a Copy thereof.

[If Prosecution not brought to Trial within Twelve Calendar Months, Court may make Order thereon, upon Notice.]

IX. Provided also, and be it further enacted, That in case any Prosecution for a Misdemeanor instituted by His Majesty’s Attorney or Solicitor General in any of the Courts aforesaid, shall not be brought to Trial within Twelve Calendar Months next after the Plea of Not Guilty shall have been pleaded therein, it shall be lawful for the Court in which such Prosecution shall be depending, upon Application to be made on the behalf of any Defendant in such Prosecution, of which Application Twenty Days previous Notice shall have been given to His Majesty’s Attorney or Solicitor General, to make an Order, if the said Court shall see just Cause so to do, authorising such Defendant to bring on the Trial in such Prosecution; and it shall thereupon be lawful for such Defendant to bring on such Trial accordingly, unless a Nolle Prosequi shall have been entered in such Prosecution.

[Proviso for Quo Warranto Actions, &c.]

X. And be it further enacted, That nothing in this Act contained shall extend or be construed to extend to any Prosecution by Information in Nature of a Quo Warranto, or for the Nonrepair of any Bridge or Highway.

Source: Statutes of the United Kingdom, Butterworth’s ed.

Further reading: Wikipedia on the ‘Six Acts.’