Previous Conviction - Law Dictionary Search Results
Home Dictionary Name: previous convictionPrevious conviction
Previous conviction. The 11th s. of the (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), reciting that 'it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony,' empowered a Court to inflict transportation for life and whipping for such subsequent conviction. Penal servitude has since been substituted for transportation, and the whipping is abolished. The (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), by s. 37, authorizes the infliction of penal servitude up to ten years on those committing simple larceny after having been previously convicted of felony and up to seven years if previously convicted of an indictable misdemeanour punishable under the Act or twice summarily convicted of certain other offences; males under sixteen are liable to whipping in addition.Frequently statutes [see, e.g., (English) Licensing Act, 1872, s. 12, as to drunkenness; (English) Road Traffic Act, 1930, s. 13; (English) Tr...
Conviction
Conviction, the act of a legal tribunal adjudging a person guilty of a criminal offence. Thus a person will have been 'convicted' even though no punishment follows, e.g., where he is let out on his own recognizances to come up for judgment when called on, R. v. Blaby, (1894) 2 QB 170. As to the powers of justices to convict summarily, see the Summary Jurisdiction Acts of 1848 and 1879, amended by the Criminal Justice Administration Act, 1914, (English) Criminal Justice Act, 1925, and the Summary Jurisdiction Rules of 1886. Schedule to (English) Summary Jurisdiction Rules, 1915, and Summary Jurisdiction Rules,1932, 1933. Consult Paley on Summary Convictions.When a person previously convicted is tried for a subsequent offence, proof of his previous con-viction cannot be given until after a finding of guilty of such subsequent offence, unless evidence of his good character be given.-(English) Previous Conviction Act, 1836, (6 & 7 Wm. 4, c. 111); Larceny Act,1861, s. 116. A previous convic...
Character
Character. Witnesses to speak to the good character of a prisoner may be called by him in his defence, and, if they speak to nothing else, it is the custom that the counsel for the prosecution should not reply. it is not allowable to state any particulars of the prisoner'' conduct, either in proof of his good or bad character; but if he call witnesses to his good character, a previous conviction against him maybe put in evidence. Witnesses to the bad character of prisoner can be called only to contradict witnesses to his good character, and evidence so called must be confined to general reputation, R. v. Rowton, (1865) 34 LJ MC 57. But a previous conviction may then be given in evidence in many cases, as in any case of an offence against the (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), by s. 116 of that Act.Questioning of Witness.--A witness may also be questioned as to whether he has been convicted of any felony or misdemeanour, and proof of his conviction may be given if he eit...
Preventive detention
Preventive detention. By the (English) Prevention of Crime Act, 1908 (8 Edw. 7, c. 59), s. 10, as amended by the (English) Indictments Act, 1915 (5 & 6 Geo. 5, c. 90), a person after three previous convictions after attaining sixteen years of age, can with the consent of the Director of Public Prosecutions, R. v. Waller, (1910) 1 KB 364, in certain cases be charged, R. v. Smith, (1910) 1 KB 17, with being an habitual criminal, and if the charge is established, he can, in addition to a punishment of penal servitude, receive a further sentence of not less than five years or more than ten years, called a sentence of preventive detention. During such detention the Secretary of State has power to let the person out on licence, if he is satisfied that there is a reasonable probability that he will abstain from crime and lead a useful an industrious life, or that he is no longer capable of engaging in crime. Unless the offender admits he is an habitual criminal the jury must determine whether...
Sentence of a Court
Sentence of a Court, a definite judgment pro-nounced in a criminal proceeding. In the case of indictable offences (except murder, on conviction of which the Court is bound to pronounce sentence of death, by s. 2 of the Offences against the Person Act, 1861 (but see next title), and treason) the extent of the sentence is within a given maximum left to the discretion of the Court, such few maximum sentences as previously were enjoined having been abolished by the (English) Penal Servitude Act, 1891. In passing sentence reference should not be made to the unexpired portion of any former sentence, as this has to be served by virtue of s. 9 of the (English) Penal Servitude Act, 1864; R. v. Smith, (1909) 2 KB 756.See the (English) Infanticide Act, 1922, when in certain cases a verdict of infanticide may be returned, notwithstanding that the circumstances were such that, but for the Act, would have amounted to murder.There is an express power of refraining from sen-tencing at once to punishme...
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
sentence
sentence [Old French, opinion, judicial sentence, from Latin sententia, ultimately from sentire to feel, think, express an opinion] 1 : a judgment formally pronouncing the punishment to be inflicted on one convicted of a crime 2 : the punishment that one convicted of a crime is ordered to receive concurrent sentence : a sentence that runs at the same time as another consecutive sentence : a sentence that runs before or after another cumulative sentence : consecutive sentence in this entry ;also : the combination of two or more consecutive sentences death sentence : a sentence condemning the convicted defendant to death de·ter·mi·nate sentence [di-tər-mə-nət-] : a sentence for a fixed rather than indeterminate length of time general sentence : a sentence that does not allocate the punishment imposed for the individual counts on which the defendant was convicted NOTE: General sentences are impermissible. in·de·ter·mi·nate s...
Calendar of prisoners
Calendar of prisoners, a list of all the prisoners' names in custody in any prison for trial at assizes or sessions, to be delivered by the gaoler of the prison to the judges of assize and justices in quarter sessions, by virtue of s. 62 of the (English) Prison Act, 1865 (28 & 29 Vict. c. 126). The judge's copy shows previous convictions. It is usual for the judge, but not obligatory upon him, to sign the calendar at the conclusion of the business....
Denman's (Mr.) Act
Denman's (Mr.) Act, 28 & 29 Vict. c. 18 (the Criminal Procedure Act, 1865,), allowing counsel to sum up the evidence where the prisoner is defended by counsel, proof to be given of contradictory statements of adverse witness, and of previous conviction of witness, and comparison to be made of disputed handwriting. The Act, which adapted to criminal trials parts of the (English) Common Law Procedure Act, 1854, applies to civil proceedings in all courts, and the adapted parts of the Act of 1854 have been repealed in the course of Statute Law Revision....
First offender
First offender, See PROBATION (3) and PREVIOUS CONVICTION....
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