(b) In the case of adults (consenting to be summarily tried), where the offence affects property not worth over forty shillings, imprisonment not over three months, or fine not exceeding £20.
(c) In the case of young persons, between twelve and sixteen years, imprisonment not over three months, or fine not exceeding £10.
(d) In the case of children under twelve, imprisonment not over one month, or fine not exceeding forty shillings.
If the offence is trifling, the accused may be discharged without punishment, and under the First Offenders Act (1887) the justices have a discretionary power to forgo punishment. The justices have also the power, under the Prevention of Crime Act 1908, in lieu of passing a sentence of penal servitude or imprisonment, to commit persons between the ages of sixteen and twenty-one to a Borstal institution, for a period of detention ranging from one to three years (see Juvenile Offenders).
In the criminal law of Europe the scale of punishments is on similar lines in most states, and is more elaborate than that of England, and less is left to the discretion of the court of trial. The following examples will indicate the kind of punishments awarded under the French penal code. Punishments are classified as (1) afflictives et infamantes, including death, travaux forcés à perpétuité ou à temps, déportation, détention, reclusion; (2) infamantes, viz. banishment and civil degradation; (3) peines en matière correctionnelle, viz. imprisonment in a house of correction (six days to five years), interdiction from certain civic rights, and fine. The punishments in no case have any effect to extinguish the civil claims of individuals who have suffered by the offence (arts. 6 and 55). Special provisions are made for récidivistes, police supervision and first offenders (Loi Bérenger).
In the German code of 1872 the legal punishments are: (1) death; (2) penal servitude for life or for a term not exceeding fifteen years nor less than one year; (3) imprisonment with labour for a term not exceeding five years nor less than one day; (4) confinement in a fortress (terms same as for penal servitude but involving only withdrawal of freedom and supervision); (5) arrest for not more than six weeks nor less than one day; (6) fine (not less than three marks in the case of crimes or delicts nor one mark in case of petty offences). Sentence of imprisonment is in certain cases followed by liability to be placed under police supervision for a term after release. In the case of a sentence of death or of penal servitude, the court may order forfeiture of civil privileges, and a condemnation to penal servitude permanently disqualifies for service in the army and public office (Code pt. 1, chap. 1, arts. 13-40).
Under the Italian code of 1889 (arts. 11-30) the punishments are (1) ergastolo (for life); (2) reclusione (from three days to twenty-four years), which involves hard labour and cellular confinement; (3) detenzione (like term), which involves labour and at night separate confinement; (4) confino (one month to three years), a form of banishment from the commune of origin or residence of the offender; (5a) fine (multa), from ten to ten thousand lire; (5b) amende, from one to two thousand lire; (6) arrest (one day to two years); (7) interdiction from public office; (8) suspension from professional calling. Punishments (5b), (6) and (8) are applied only to contraventions, the others to crimes (delitti).
The Spanish law (Codigo Penal, title 3, chaps. 2 and 3) contains a general scale of punishments classified as afflictive, correctional, light and accessory. The first class begins with death and runs down through many forms of imprisonment to disqualification (inhabilitacion). The second includes forms of imprisonment, (presidio and prisión), and arrest, public censure and suspension from the exercise of certain offices or callings. The slight punishments are minor arrest and private censure. Offenders in any of the three classes may also be fined or put under recognizance (caución). The accessory punishments include payment of costs, degradation, civil interdiction.
In England indictable offences (i.e. offences which must be tried by a judge and jury) are thus dealt with:—
1. Courts of assize (sitting under old commissions known as commissions of assize, oyer and terminer, and general gaol delivery) are held twice or oftener in every year in each county Tribunals. and also in some large cities and boroughs. They are the lineal successors of the justices in eyre[2] of the middle ages; but they are now integral parts of the High Court of Justice. These courts can try any indictable offence presented by a grand jury for the district in which they sit.