JB_128_196.xml

Title: [1818 May 15 Parl. Reform Bill]

Description: 1818 May 15

Parl. Reform Bill

Reasons?

VIII Penal Securities

Accessory

Sequential Offences

*5

Offences riding[?] in tendency &[?] completed offences

In description Sequence of offences depends on the term

employed for the designation of the consummated offence.

The descriptive name according to the nature of the consummated offence /the

consummated has a name belonging to it/.

Connective mutual Offences /Consequently successive concatenated offences/ of the

same sequence /connected in the way of causation/ in a sequence, or Offences inchoate

and consummated with /considered as bearing/ relation to the above Election are as

follows.

1. The consummated offence an offence considered as consummated.

2. Any act in which the consummated offence has its commencement. Such act, if the

offence fails of being consummated – i.e. if the pernicious design fails in so far of

being accomplished, is denominated an attempt.

3. Any preparatory act, or act of simple preparation,

perfor- /exercised/ with the design of producing the effect produced by the

consummated offence, but in point of time anterior to the act which is considered as

an attempt.

Offences thus concatenated may be the offences of the same individual, or offences

of so many different individuals. One individual may be convicted of the consummated

offence, another of an attempt to committ in prosecution of the same individual

design that same species of consummated offence: which attempt of the offence in

question is not consummated, is but an abortive attempt: another individual of an act

which with reference to that same offence considered as consummate is but an act of

preparation: not having run /advanced/ to the length of an attempt.

JB_106_139.xml

Title: [5 March 1807 Judicial Justice]

Description: 5 March 1807

Judicial Justice

Letter V

III. Remedies or Corrective Modes

4. Against usurpation of jurisdiction, the remedy is prohibition. This, if accompanied with malâ fides, on the part of the Judge is an offence the nature of which varies according to the nature of the burthen the imposition of which would be the result of a decision acceding to the demand: an offence consummated supposing the decision followed by execution; till then, but inchoate. But whatsoever expence and vexation the procedure may have been attended with, constitutes the matter of a distinguishable offence, and that consummated.

JB_050_163_001.xml

Title: [DISPOSAL of ACQUITTED CRIMINALS 2]

Description: DISPOSAL of ACQUITTED CRIMINALS 2

whenever such a supply is to be procured in by that irregular and

unhappy manner method, there will be one the less wanted for

every one the more than was before. It must be allowed however that in the

case proposed he is taken before that absolute necessity has commenced

A similar course might perhaps be expedient to be taken with persons convicted

of

These reasons [I must confess] have operated convictions in my mind in

favor of a Scheme of this sort; against every thing that can

be said in deprecation of possible injustice. bare Attempts to

some crimes; with this difference that here being some degree of guilt

implicitly proved, they might be sent not into the service at large, but

specially

to some state reputed peculiarly hazardous, as in

Africa or the East-Indies. The honor of the Army Service

which cannot be very scrupulously regarded in the choice of the 1 lower

of it's

the lower

2

members

Rogues could get none to be surety but Receivers; & it seems probable

that Receivers would not be forward to become such on account of the

scrutiny into their way of livelyhood which it would occasion.

But least any thing of this sort should happen & through surety like the

being become a trade, I have proposed as some sort of Check, a power

to be vested in the Jury of disallowing the recognizance.

would be in some measure consulted, by the persons

circumstances respecting then placed in it, of the

interception of their guilt

before it's final consummation.

But of this it belongs rather to the Gentleman dignitaries of that

profession, than to any one else, to judge.

It might also possibly be approved of as a means to prevent

desertion, that such should be marked in some unconspicuous part of their

body (as on their back)

in the manner of the leper stigmatisation. with the date

at which their service is to expire +

+ But this must be in

words at length not in figures; by reason of the case with

which these last might be falsified

After all there may be danger with regard to the extending of the provision here

proposed to this latter class, least the punishment for the attempt being

regarded by some as greater that that annexed to the crime when

consummated, might frustrate the design of making a difference

between

in favor

of the

attempt

former and serve as

as a motive - for instead if against the pushing on to

accomplishment a criminal enterprize begun.

Particular modifications on this kind

would be requisite

upon new model for Juries proposed in III Ms 35 & c.

By way of remedy to this, it might be left to the option of the Criminal

to submitt

either to this obligation, the term

proposed for its continuance being declared to him, or to the

punishment specifically allotted to his offence.

which is

extent of

Or it might be an instruction to them not to

impose it without the alternative except where in such

case they should be satisfied there was no room for [a repentance]

an alteration of Will to intervene between

the attempt & the consummation.

N.B. Observe there is always an Oath against them which obviates abuse. If

the proposal be not admitted absolutely and universally, it might be admitted

under these restrictions 1 st That

the culprit be unmarried: 2 nd That

he be under age: 3 rd That it be his 2 nd

Trial.

[+] [+] It may be of use to call to instead

a few of the examples that may serve [which

the fugitive histories of these transactions, as far as they may be defended

or affords in confirmation]to swear of

their of this proposal. One must be content to take them from

Newspapers and compilations from Newspapers till it be thought

expedient to take measures for giving some higher degree of

authenticity to a body of experience of such Importance to the instruction

of the Legislator.

Qv Annual Register 1771. Sept.18 p.141 A young Fellow was tried at the Old Bailey

for Felony & acquitted at 12 o'clock: at

2 he was detected in picking a Gentleman's pocket in Catherine

Street, carried before Fielding & before

3 found himself again safely lodged in Newgate

132. Matthew Polland who was executed at Tyburn Aug. 1771, tho' but 18

years of age, had been 5

evidence at the Old Bailey.

PROCEDURE Disposal of acquitted Criminals 2