JB/150/555/001

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+ Cd 12 131
Police Bill Observations

IV. Penalties &c
§.38
92
Power of mitigation -
Why this
unlimited

§.10 information P.17 §.38. [2] [92] Page 75 [ ...if .. mistake or accident ... acquit; if negligence
&c. .. mitigate and reduce ... ] In the Under
the Excise Laws, is at least under the original and
fundamental Law of that class (12.C.2.c.24.§.46)
the power of mitigation is confined within established confirmed
indeed, but under great restrictions. Whatever may be
the circumstances may plead in favour of the offender, costs must
be given against him and together with not less than double the
value of the duty which ought to have been paid.
This strictness may is perhaps no more than what
in the in cases of that sort, and at that time of
day, was necessary: but in the present case,
and under the circumstances of alleviation to which
the application of the power of mitigation is here confined,
there will be no objection, it is presumed, to its being
so-exclusive (as was rendered it is here proposed to be) with the penalty. — [+]
[+] In the present state
of the Laws, in
point respect of method
and expression, the involving
in the event
of a penal law, a
case not involved in
the spirit of it, is
an incident so natural
and so frequent,
that without
a door of some latitude
left open for
the protestation
of innocence, it
would be apt but too often
to shape the fate of
guilt.

To the words "distress the information" I have
prefixed the words "acquit the offender" ability of
in any such event case the Magistrate committs any thing to writing upon
the subject, will have it at his option to make use which
of those two forms to of the one or the other phrase as he directs fit. Whether the one or the
other be employ'd may perhaps not be in every case a matter
of entire indifference in all cases since it does is
not about to a necessary consequence, that, because one
information in question has been dismissed no
other information can be received, even for the same
act. Witness the case of an indictment bought preferred after
judgment a former indictment
quashed. But this seems to be one of those is among those points, which,
in the case of summary procedure, appear tohas hardly
as yet attracted notice.

Identifier: | JB/150/555/001"JB/" can not be assigned to a declared number type with value 150.
Date_1		Marginal Summary Numbering	92
Box	150	Main Headings	police bill
Folio number	555	Info in main headings field	police bill
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d12 / f131
Penner	jeremy bentham	Watermarks	g & ep 1794
Marginals	jeremy bentham	Paper Producer	fr3
Corrections		Paper Produced in Year	1794
Notes public		ID Number	50776
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