Prevention of Offences Act, 1851

PREVENTION OF OFFENCES ACT 1851

CHAPTER XIX.

An Act for the better Prevention of Offences.[1] [3d July 1851.]

[Preamble.]

[Ss. 1–4 rep. 24 & 25 Vict. c. 95. s. 1.]

On indictment for feloniously cutting, &c. the jury may convict of unlawfully cutting, &c.

5. If upon the trial of any indictment for any felony, except murder or manslaughter, where the indictment shall allege that the defendant did cut, stab, or wound any person, the jury shall be satisfied that the defendant is guilty of the cutting, stabbing, or wounding charged in such indictment, but are not satisfied that the defendant is guilty of the felony charged in such indictment, then and in every such case the jury may acquit the defendant of such felony, and find him guilty of unlawfully cutting, stabbing, or wounding; and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an indictment for the misdemeanor of cutting, stabbing, or wounding.

[Ss. 6–9 rep. 24 & 25 Vict. c. 95. s. 1. S. 10 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

Apprehension of persons committing indictable offences in the night.

11. [Recital.] It shall be lawful for any person whatsoever to apprehend any person who shall be found committing any indictable offence in the night, and to convey him or deliver him to some constable or other peace officer, in order to his being conveyed, as soon as conveniently may be, before a justice of the peace, to be dealt with according to law.

Assaults on persons entitled to apprehend.

12. If any person liable to be apprehended under the provisions of this Act shall assault or offer any violence to any person by law authorized to apprehend or detain him, or to any person acting in his aid and assistance, every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned, with or without hard labour, for any term not exceeding three years.

Definition of night.

13. The time at which the night shall commence and conclude in any offence against the provisions of this Act shall be the same as in cases of burglary.

Costs of prosecutions.

14. In all prosecutions for any offence against the provisions of this Act, it shall be lawful for the court before which any such offence shall be prosecuted or tried to allow the expences of the prosecution in all respects as in cases of felony.

[S. 15 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

Extent of Act.

16. Nothing in this Act shall extend to Scotland.

[1 Short title, “The Prevention of Offences Act, 1851.” See 55 & 56 Vict. c. 10.]