30 Geo. III. c. 48, s. 1. any Article of this Act, and shall have paid such fine and costs, or received a remission thereof from the Crown, or have suffered such imprisonment as such offender shall have been adjudged to pay or suffer respectively, or shall have been discharged from such conviction according to law, shall not be liable to be again punished under any Article of this Act. ART. 5. The classes of penalties hereinafter set forth shall not be deemed in any way to affect any law concerning forfeiture, or any other collateral consequence to which an offender is now liable on a conviction of any offence which is an offence under this Act; nor to extend any such law or consequence to any offence which is an offence under this Act not now liable to the same. (a) (a) See the note to this Article, supra, p. 67. ART. 6. The classes of penalties to which offenders shall be liable under the provisions of this Act are the following: 1st Class. The offender, if a male, shall be drawn on a hurdle to the place of execution, and be there hanged by the neck until he be dead, and afterwards the head shall be severed from the body of such offender; and the offender, if a female, shall 54 Geo. III. c. 146, s. 1. be drawn to the place of execution, and be there hanged by the neck until she be dead. (b) 2 and 3 Will. IV. c. 75, s. 16; 4 and 5 Will. IV. c. 26. The offender shall be hanged by the neck until such offender be dead; and, in addition, upon a conviction of murder, the body of such offender shall be buried within the precincts of the prison in which such offender shall have been confined after conviction. 3rd Class. Transportation for life, or for any other term not less than seven years. 4th Class. Transportation for life, or for any other term not less than seven years, or imprisonment for any term not exceeding three years. (c) (c) See the note to this Article, supra, p. 67. 5th Class. Transportation for life, or for any other term not less than seven years, or im prisonment for any term not exceeding three years, or fine at discretion. (d) (d) See the note to this Article, supra, p. 67. 6th Class. Transportation for any term not exceeding fifteen nor less than seven years, or imprisonment for any term not exceeding three years, or fine at discretion, or both such imprisonment and fine. (e) (e) See the note to this Article, supra, p. 67. 7th Class. Transportation for any term not exceeding fifteen nor less than seven years, or imprisonment for any term not exceeding three years. (ƒ) (f) See the note to this Article, supra, p. 67. 8th Class. Transportation for any term not exceeding ten nor less than seven years, or imprisonment for any term not exceeding three years. (g) (g) See the note to this Article, supra, p. 68. 9th Class. Transportation for the term of seven years, or imprisonment for any term not exceeding three years, or fine at discretion, or both such imprisonment and fine. (h) (h) See the note to this Article, supra, p. 68. 10th Class. Transportation for the term of seven years, or imprisonment for any term not exceeding three years. (1) (i) See the note to this Article, supra, p. 68. 11th Class. Imprisonment for any term not exceeding three years, or fine at discretion, or both. (k) (k) See the note to this Article, supra, p. 68. 12th Class. Imprisonment for any term not exceeding two years, or fine at discretion, or both. ( (1) See the note to this Article, supra, p. 68. 13th Class. Imprisonment for any term not exceeding 18 months, or fine at discretion, or both. (m) (m) See the note to this Article, supra p. 68. 14th Class. Imprisonment for any term not exceeding one year, or fine at discretion, or both. (n) (n) See the note to this Article, supra, p. 68. 15th Class. Imprisonment for any term not exceeding six months, or fine at discretion, or both. (0). (0) See the note to this Article, supra, p. 68. 16th Class. Imprisonment for any term not exceeding three months, or fine at discretion, or both. (p) (p) See the note to this Article, supra, p. 69. Fine not exceeding 1001. (r) ART. 7. Provided that, in case Her Majesty shall so think fit, Her Majesty, after an offender (if a male) shall be adjudged to suffer according to the provisions of the 1st class of penalties, may, by warrant under Her sign manual, countersigned by one of Her Majesty's Principal Secretaries of State, declare it to be Her will and pleasure, and may direct and order that such offender shall not be drawn, but shall be taken in such manner as in such warrant shall be expressed, to the place of execution, and that such offender shall not be there hanged by the neck, but that instead thereof the head shall be there severed from the body of such offender whilst alive, and in such warrant may direct and order how and in what manner the body and head of such offender shall be disposed of; and it shall be lawful for the sheriff, or other person or persons to whom such warrant shall be addressed and whom it shall concern, to carry the same into execution accordingly. (s) (s) The above provision appears to be confined to male offenders. ART. 8. Provided that where any persons by reason of inhabitancy or any body corporate are or is convicted of any offence within any Article of this Act, such persons or body corporate shall, in case the penalties of such offence consist of a fine and any other penalty or penalties in addition thereto or in lieu thereof, be adjudged to suffer and shall suffer such portion only of the penalties of such offence as consists of such fine, and, in case no portion of such penalties consists of any fine, then shall be adjudged to pay and shall pay such fine as the Court in its discretion shall think fit. 54 Geo. III. c. 146, s. 2. General rule. ART. 9. any Any sentence of imprisonment authorized to be inflicted on any offender, in respect of any offence committed during his imprisonment for any term under sentence or order, shall be appointed to commence at the expiration of any term or terms of imprisonment for which he shall then be subject to imprisonment. ART. 10. Where any person shall be convicted of any felony for which imprisonment may be awarded, or of any other offence punishable under this Act for which imprison-ment may be awarded and which is or which includes an offence against the person, or which is a fraud against or a malicious injury to property, a forgery or an offence relating to the current coin, or of any offence within Article 14 of Section 1 of Chapter IV.; Articles 4 and 9 of Section 4 of Chapter V.; Article 7 of Section 4 of Chapter VIII.; Articles 3 and 8 of Chapter XI.; Articles 2, 3, 4, and 5 of Section 1; Articles 2, 4, and 5 of Section 5; and Articles 1, 8, and 9 of Section 6 of Chapter XIV.; Article 45 of Section 1; and Article 4 of Section 4 of Chapter XVIII., it shall be lawful for the Court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, or three months in any one year, as to the Court in its discretion shall seem meet. ART. 11. Where any person shall be convicted of any offence within Article 1 of Section 3 of Chapter II., or Article 32 of Chapter XXI., or [ it shall be lawful for the Court (if it shall so think fit) to sentence the offender (if a male) to be once, twice or thrice publicly or privately whipped, in addition to any other penalties which it has power to inflict in respect of such offence. * (t) The offences referred to in the above Article are those of discharging or aiming fire-arms, &c., with intent to injure or alarm the Queen, and of maliciously damaging works of art, &c. in exhibitions, museums, &c. As regards these offences, we conceive that the punishment of whipping ought to be retained; but, for the reasons stated in the Seventh Report of the Criminal Law Commissioners, p. 108, we do not recommend any extension of the power of inflicting that punishment: should it, however, be deemed expedient to retain or alter the present limits of the punishment of whipping, the above Article should be modified by the introduction of the numbers of the Articles defining the additional offences to which it is intended to apply that punishment. We humbly submit this, the Fourth Report of the Commissioners to THOMAS STARKIE, (L.S.) Received the 30th day of March, 1848, COTTENHAM, C. LONDON: Printed by WILLIAM CLOWES and SONS, Stamford Street. For Her Majesty's Stationery Office. |