Page:Statesman's Year-Book 1913.djvu/157

 JUSTICE AND CRIME 35

a court of quarter sessions, Avitli similar jurisdiction to the county justices in quarter sessions assembled, in which the recorder of the borough is the judge. The assize courts are held four times a year in various towns throughout the countiy by ' commissioners ' nominated by the Crown. These commissioners are generally judges of the King's Bench Division of the High Court of Justice, but sometimes King's Counsel of good standing are appointed. The trial takes place before a single commissioner. The Central Criminal Court is the court of oyer and terminer and gaol delivery for the City of London and a large surrounding district. The sessions of this court are held at least twelve times a year, and more often if necessary. The Recorder and the Common Serjeant, and, if the number of the prisoners makes it necessary, the judge of the City of London Court, sit on the first two days, after which they are joined by the judges of the High Court on the rota, for whom the more serious cases are reserved. A petty sessional court deals summarily with minor offences. Cases of a more serious nature are usually investigated by a petty sessional court before being tried at the sessions or the assizes. To every sessions, assize, and to every sitting of the Central Criminal Court, the sheriff cites 24 of the chief inhabitants of the district, of whom not less than 12 and not more than 23 are sworn and constitute a grand jury. The grand jury examines the bill of indictment against the accused person, hears the evidence of witnesses for the prosecution, and if they think a ^jrmft/acie case for trial is made out they endorse the bill 'a true bill.' All criminal trials, except those which come before a court of summaiy jurisdiction, take place before a judge and a petty jury of twelve men. Appeal is allowed in criminal cases: (i.^< on a point of law; (ii.) on a question of fact, or other sufficient ground if the judge certifies the case as fit for appeal, or the Court of Criminal Appeal grants leave to appeal ; and (iii. ) against the sentence (if not fixed by law) with the leave of the Appeal Court. No man can be tried again for the same crime after a petty jury has found him ' not guilty. ' On a conviction the judge can, if he think fit, reserve a question of law (but not of fact) for the Court of Criminal Appeal, which can reverse, amend, or aflfirm the judgment. The only other method of securing the revision of a sentence is by the royal prerogative, exercised on the advice of the Home Secretary, by which a sentence can be modified or annulled. Nominally all the judges are appointed by the King, butin practice the Lord Chancellor (who is a Cabinet minister, ex- officio president of the House of Lords, and goes out with the ministry), the Lord Chief Justice, the Lords of Appeal, who sit in the House of Lords and on the Judicial Committee of the Privy Council, and the Lords Justices of Appeal Avho sit in the Court of Appeal, are appointed on the recommendation of the Prime Minister, and all the other judges on the recommendation of the Lord Chancellor.

The courts having jurisdiction in civil eases are the County Courts, created in 1846, As.'^izes, and the High Court. Above the High Court is the Court of Appeal, and above that the House of Lords.

Scotland.

The High Court of Justiciary is the supreme criminal court in Scotland, It consists of all the judges of the Court of Session, and sits more or less fre- quently, as the number of cases before it may require, in Edinburgh or in the circuit towns. One judge can, and usually does, try cases, but two or more pre.side in cases of difficulty or importance. It is the only competent court in cases of treason, murder, robbery, rape, fire-raising, deforcement of messengers, md generally in all cases in which a higher punishment than imprisonment is

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