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Criminal Jurisdiction.
Stealing by juvenile offenders.
Any person not exceeding fourteen years of age committing larceny shall be fined or imprisoned;
and, if a male, may be whipped.
If offence be not proved, &c. justice may dismiss the person with or without sureties for good behaviour.
Restitution and compensation.
If the charge is thought fit for indictment, &c. case to be dealt with as such.
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6. Any person who shall commit any of the next following offences, (and whose age at the time of the commission thereof shall not, in the opinion of the justices, exceed the age of fourteen years,) shall be liable to the punishment herein-after specified:
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1. Any such person who shall commit, or attempt to commit, or who shall aid or abet the commission of any offence which now is or hereafter shall or may be by law deemed or declared to be simple larceny, or punishable as simple larcency, shall, upon conviction thereof before the justices sitting in petty sessions and in open court, be liable to a fine not exceeding three pounds, or to be imprisoned for a period not exceeding three months:
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2. If a male, such person shall, if the justices shall see fit, be liable to be once privately whipped, either instead of or in addition to such imprisonment; and the justices shall from time to time appoint some fit and proper person to inflict said punishment of whipping, when ordered to be inflicted out of prison:
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3. And if the justices, upon the hearing of any such case, shall deem the offence not to be proved, or that it is not expedient to inflict any punishment, they shall dismiss the person charged, on his finding a surety or sureties for his future good behaviour, or without such sureties, if the said justices shall so think fit:
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And no conviction of any such juvenile offender for any such offence shall be attended with any forfeiture, save as herein-before mentioned; but whenever any such person shall be convicted of such offence, it shall be lawful for the justices to order restitution of the property in respect to which such offence shall have been committed to the rightful owner; or if such property shall not then be forthcoming, the justices, whether they shall award punishment or dismiss the complaint, may, if they shall think fit, order payment of the value of such property in money to the rightful owner by the person convicted: Provided always, that if the justices shall be of opinion, before any such person shall have made his defence, that the charge is from any circumstance a fit subject for prosecution by indictment, (or if the parent or next friend of such person shall, upon his being called upon to answer the charge, object to the case being summarily disposed of under the provisions of this Act,) the justices shall, instead of summarily adjudicating thereupon, deal with the case as one to be prosecuted by indictment at assizes or quarter sessions.
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