Provided that a person convicted of simple larceny after a previous conviction for felony, cannot be sentenced to a longer term of penal servitude than ten years.

any

1

(b.) When any person is convicted of any felony, or of of the misdemeanors mentioned in the note hereto,2 and a previous conviction of any felony, or any such misdemeanor is proved against him, the Court having cognizance of the indictment may, in addition to any other punishment which it may award to him, direct that he is to be subject to the supervision of the police for a period of seven years, or such less period as the Court may direct, commencing immediately after the expiration of the sentence passed on him for the last of such crimes.

ARTICLE 20.

SPECIAL OFFENCES IN THE CASE OF PERSONS TWICE CONVICTED.

3

Every person convicted on indictment of any felony or any such misdemeanor as is mentioned in the note hereto,* and having had a previous conviction of any such offence proved against him, is liable to a maximum punishment of a year's imprisonment and hard labour, if at any time within. seven years immediately after the expiration of the sentence passed upon him for the last of such offences,

(a.) on his being charged by a constable with getting his livelihood by dishonest means, and being brought before a Court of summary jurisdiction, it appears to such Court that there are reasonable grounds for believing that he is getting his livelihood by dishonest means; or if,

134 & 35 Vict. c. 112, s. 8, and s. 20, which defines the word "crime" employed in s. 8.

2 Viz., 1. Uttering false or counterfeit coin. 2. Possessing counterfeit gold or silver coin. 3. Obtaining goods or money by false pretences. 4. Conspiracy to defraud. 5. Being found by night armed with intent to break into a dwellinghouse. 6. Being found by night, without lawful excuse, with housebreaking implements. 7. Being found by night with face blackened, &c., with intent to commit felony. 8. Being found by night in any dwelling-house or building with intent to commit felony.

334 & 35 Vict. c. 112, ss, 7, 20.

4 See Note 2, supra.

(b.) on being charged with any offence punishable on indictment or summary conviction, and on being required by a Court of summary jurisdiction to give his name and address, he refuses to do so, or gives a false name or false address; or if

(c.) he is found in any place, whether public or private, under such circumstances as to satisfy the Court before whom he is brought that he was about to commit or to aid in the commission of any offence punishable on indictment or summary conviction, or was waiting for an opportunity to commit or aid in the commission of any offence punishable on indictment or summary conviction; or if

(d.) he is found in or upon any dwelling-house, or any building, yard, or premises, being parcel of or attached to such dwelling-house, or in or upon any shop, warehouse, counting-house, or other place of business, or in any garden, orchard, pleasure-ground, or nursery ground, or in any building, or erection in any garden, orchard, pleasureground, or nursery-ground, without being able to account to the satisfaction of the Court before whom he is brought for his being found on such premises.

ARTICLE 21.

PUNISHMENT OF PERSONS UNDER SIXTEEN YEARS OF AGE.

1 Whenever any offender who, in the judgment of the Court, justices, or magistrate before whom he is charged, is under the age of sixteen years is convicted, on indictment. or in a summary manner, of an offence punishable with penal servitude or imprisonment, and is sentenced to be imprisoned for the term of ten days or a longer term, the Court, justices, or magistrate may also sentence him to be sent at the expiration of his period of imprisonment to a certified reformatory school, and to be there detained for a period of not less than two years and not more than five years.

A youthful offender under ten is not to be so directed to be

129 & 30 Vict. c. 117, s. 14.

C

sent to a reformatory school unless he has been previously charged with some crime or offence punishable with penal servitude or imprisonment, or is sentenced by a judge of assize or court of general quarter or quarter sessions.

ARTICLE 22.

PUNISHMENT OF MISDEMEANORS.

Every person convicted of a misdemeanor for which no special punishment is provided by law is liable to fine and imprisonment without hard labour (both or either), and to be put under recognizances to keep the peace and be of good behaviour at the discretion of the Court.

2 Whenever any person convicted of misdemeanor is sentenced to imprisonment without hard labour, the Court or judge before whom such person has been tried may order, if such Court or judge thinks fit, that such person shall be treated as a misdemeanant of the first division.

3 Any person convicted of any indictable misdemeanor punishable under any one of the Criminal Law Consolidation Acts, 1861, may, in addition to or in lieu of the punishment by such Act provided, be fined and required to enter into his own recognizances, and to find sureties (both or either) for keeping the peace and being of good behaviour, but no person may be imprisoned for more than one year for not finding such sureties.

ARTICLE 23.

CUMULATIVE PUNISHMENTS.

4 Wherever sentence is passed for felony on a person already imprisoned under sentence for another crime, the Court may award imprisonment for the subsequent offence

1 1 Russ. Cr. 92; R. v. Dunn, 12 Q. B. 1041.

2 28 & 29 Vict. c. 129, s. 67.

324 & 25 Vict. c. 96, s. 117; Ibid. c. 97, s. 73; Ibid. c. 98, s. 51; Ibid. c. £9, s. 38; Ibid. c. 100, s. 71. The provisions of these Acts will be found in Parts V. and VI. of the Digest.

4 7 & 8 Geo. 4, c. 28, s. 10. When felonies as a rule were capital, there could be no cumulative sentences in regard of them, whether they were charged in different indictments or in different counts of the same indictment. If they were

to commence at the expiration of the imprisonment to which such person was previously sentenced. When such a person is already under sentence either of imprisonment or transportation, the Court, if empowered to pass sentence of penal servitude, may award such sentence for the subsequent offence, to commence at the expiration of the imprisonment or penal servitude to which such person was previously sentenced, although the aggregate term of imprisonment or penal servitude respectively may exceed the term for which either of those punishments could be otherwise awarded.

1 When an offender is convicted of more misdemeanors than one, he may be sentenced to a separate punishment for each offence, and the Court may, if it thinks fit, direct that the one punishment shall not begin until the other has been undergone.

charged in separate indictments, the prisoner having been convicted and sentenced on one, might plead "autrefois attaint" to any subsequent charge. There was no use in passing two sentences of death upon him (see Chitty's Criminal Law, 463). If two felonies were charged in one indictment, the prosecutor was put to his election—as indeed he still is. When death ceased to be the punishment for felonies as such (7 & 8 Geo. 4, c. 28, s. 7) it was necessary to make provision for the punishment of persons already under sentence. Hence the provision in the text. Cumulative punishment in cases of misdemeanor depends on the common law principles.

1 Opinion of the judges in Wilkes's Case, 19 St. Tr. 1132-3, and see R. v. Castro, L. R. 5 Q. B. D. 490. In the case of Renwick Williams (1 Leach, 529, A.D. 1790) cumulative sentences, amounting in all to six years' imprisonments, were passed upon three indictments for similar offences.

CHAPTER III.

'GENERAL EXCEPTIONS.

ARTICLE 24.

DEFINITIONS SUBJECT TO EXCEPTIONS.

EVERY definition of any crime hereinafter contained is subject to the following general exceptions, except in the cases in which the contrary is expressed :

ARTICLE 25.

CHILDREN UNDER SEVEN.

2 No act done by any person under seven years of age

crime.

ARTICLE 26.

CHILDREN BETWEEN SEVEN AND FOURTEEN.

is a

3 No act done by any person over seven and under fourteen years of age is a crime, unless it be shewn affirmatively that such person had sufficient capacity to know that the act was

wrong.

ARTICLE 27.

INSANITY.

No act is a crime if the person who does it is at the time. when it is done prevented ["either by defective mental power or] by any disease affecting his mind

(a.) from knowing the nature and quality of his act; or,

1 See 2 Hist. Cr. Law, chs. xviii., xix. pp. 94-186. See Draft Code, Pt. III. ss. 19-70.

21 Hale, P. C. 27-8; 1 Russ. Cr. 7; Draft Code, s. 20.

3 R. v. Owen, 4 C. & P. 236; and see cases collected 1 Russ. Cr. 7-10; Draft Code, s. 20.

The whole subject is discussed at full length in 2 Hist. Cr. Law, ch. xix. pp. 124-196. Cf. Draft Code, s. 22.

The parts of the article bracketed are doubtful.