FIRST-FRUITS

British Encyclopedia · 1933 · p. 454
in the Church of Wngland, the income of every spiritual benefice for the first. year, paid originally to the Crown, but now to a board, which applies the money so obtained to the supplementing of the incomes of small benefices. See ANNATES. FIRST OFFENDERS. At common law magistrates had power, in lieu of pa ing sentence upon first offenders, to bind them over in good behaviour 454 FIRST OFFENDERS for a period, but the infrequent use of the power led to the legislature giving it a statutory sanction in all courts of criminal jurisdiction by the pa ing of the First Offenders Act, 1887, while in 1907 the Probation of Offenders Act extended the power to all offenders whether first offenders or not. The jatter Act repeals the former. It empowers the court, in view of the character, antecedents, age, health, or mental condition of an accused person, cr of the triviality of the offence, or of the extenuating circumstances under Which the offence was committed, and of the inexpediency of inflicting punishment, (a) in the case of an offence chargeable before a court of summary jurisdiction, not to proceed to cony ict i on, but either to dismi the charge or to discharge the accused on his being bound over to be of good behaviour and to appear for conviction and sentence if called upon within such time (not exceeding three years) as the court may appoint; and (b) in the case of a conviction on indictment of an offence punishable with imprisonment, not to proceed to sentence, but to bind the accused to be of good behaviour and to appear for sentence if called upon within such period (not exceeding three years) as the court may specify. The court may in its discretion lay down further conditions providing for supervision over (a) the a ociates and haunts of the offender; (0) where the offence is drunkenne or one committed under the infiuence of driik, the power of the offender to procure intoxicating liquor; and (c) the emF or the period specified the offender may be placed under the supervision of a ployment of the offender. ‘probation officer,’ who is named in the order by the court, and whose duties, subject to the direction of the court, are (a) to visit the offender at intervals and to report; (0) to see to the observance of the conditions laid down by the court; (c) to advise, a ist, and befriend the offender; and (d) if nece ary to find him suitable employment. Provision is made for dealing with offenders who fail to observe the conditions of their release. é By the Children Act, 1908, restraints are placed upon the punishment of children and young persons. A child (i.e. under 14 years) may not be sentenced to imprisonment or penal servitude; a young person (i.e. between 14 and 16 years) may not be sentenced to penal servitude, nor even to. imprisonment unle too unruly or too depraved to be sent to a place of detention. No person under 16 years of age may suffer the death penalhy. In addition to the methods of dealing with offenders under the Probation of Offenders Act, a youthful. offender may be (a) committed to the care of a relative or other fit person (b) sent to an industrial or reformatory school; (c) whipped; (d) ordered to pay a fine; or (€) committed to a place of detention, or his guardian may be fined or ordered to give security for his good behaviour.
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