An Act to consolidate and amend certain Statutes relating to Justices of the Peace.

BE

[Assented to, December 7th, 1921.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

PART I.
INTRODUCTORY.

PART I

1. This Act may be cited as the "Justices Act, 1921."

Short title.

Act.

2. This Act shall come into operation on a day to be fixed by Commencement of proclamation.

3. This Act is divided into Parts and Divisions as follows:

PART I. Introductory (sections 1 to 9).

PART II.-Justices (sections 10 to 19).

PART III.-General Procedure (sections 20 to 41).

PART IV. Summary Jurisdiction

DIVISION

1.-Courts of Summary Jurisdiction (sec-
tions 42 to 48):

DIVISION II.-The Complaint and the Proceedings

thereon (sections 49 to 60):

DIVISION III.-The Hearing (sections 61 to 69):

DIVISION IV.-The Judgment (sections 70 to 76):

Division of Act.

DIVISION

PART I.

Interpretation.

Justices Act.-1921.

DIVISION v.-Costs (sections 77 to 79):

DIVISION VI.-Execution (sections 80 to 98):

DIVISION VII.-Sureties to Keep the Peace (sections 99 and 100).

PART V.-Indictable Offences

DIVISION

I.-Procedure to Committal (sections 101 to 119):

DIVISION II.-Minor Offences (sections 120 to 133): DIVISION III.-Committal for Sentence (sections 134 to 142):

DIVISION IV.-Bail (sections 143 to 150):

DIVISION

v.-Miscellaneous (sections 151 to 161).

PART VI.-Appeals from Courts of Summary Jurisdiction (sections 162 to 180).

PART VII.-Supplementary Provisions (sections 181 to 203).

4. In this Act, unless inconsistent with the context

"Clerk means clerk appointed by or under section 42:

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Complaint" includes a charge of a minor indictable offence, if, and when, a Court of Summary Jurisdiction proceeds to dispose of such charge summarily:

"Court of Summary Jurisdiction " or " Court" means Justices forming a Court for the purposes of hearing and adjudicating upon any case or matter which they have power to determine in a summary manner, and whether they are acting under this Act, or under any other Act incorporated herewith, or by virtue of their commissions, or under the common law:

"Defendant" means person charged with any offence or against whom relief is sought:

"Fine" includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction :

Gaol" includes any prison or other place in which imprisonment or detention is authorised by law according to the circumstances of the case:

Guardian" in relation to a child includes any person who, in the opinion of the Justices having cognizance of any case in which a child is concerned, has, for the time being, the charge of, or control over, such child:

Justice means Justice of the Peace for the State of South Australia, and includes any Magistrate, by whatever name called, who is authorised to act as a Justice of the Peace in and for the said State:

Justices"

Justices Act.-1921.

"Justices" includes a Special Magistrate or any other singie Justice, where a Special Magistrate or one Justice (as the case may be) has jurisdiction or authority to act in relation to the matter in question:

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Keeper of a gaol" includes any superintendent, keeper, or
other chief officer of a gaol:

Minor indictable offence means indictable offence which
is capable of being, and is, in the opinion of the Justice
before whom the case comes, fit to be, heard and determined
in a summary way under the provisions of Division II.
of Part V. of this Act:

Simple offence " means offence or act for which a person is
liable by law, upon a summary conviction for the same
before a Justice or Justices, to be imprisoned or fined or
both or to be otherwise punished; but does not include an
indictable offence which can only be heard and determined
in a summary way as a minor indictable offence:

Special Act" means statute, rule, regulation, or by-law
authorising the making of the conviction or order, or the
determination or adjudication in question, or otherwise
specially applicable to the case:

"Sum adjudged to be paid by a conviction" and " Sum adjudged
to be paid by an order" respectively include any costs.
adjudged to be paid by the conviction or order (as the case
may be) of which the amount is ascertained by such con-
viction or order:

In Division IV. of Part V. "for trial" in relation to "committal for trial" includes "to appear for sentence."

PART I.

5. Every power in this Act expressed to be exercisable by a single Interpretation with Justice may be exercised by any two or more Justices acting together; conferred upon a or in the case of Justices sitting as a Court, by any two or more single Justice. Justices constituting a majority of such Court, and the provisions of this Act conferring powers upon a single Justice and referring thereto shall be read accordingly.

6. The authority and jurisdiction by this Act vested in the Supreme Court may, subject to any rules or orders of such Court in relation thereto, be exercised by a Judge of such Court sitting in Court or in Chambers.

7. Nothing in this Act shall be construed to diminish or take away any power or authority conferred upon any Justice by any other Act or otherwise existing at law, except in so far as the provisions of this Act are inconsistent with the existence or exercise of such power or authority.

Powers of Supreme
Court may be
Judge in Chambers.

exercised by a

Powers conferred by this Act to be in powers existing by law unless

amplification of

inconsistent with this Act.

8. (1) The Acts mentioned in the First Schedule hereto are, to Repeal and saving the extent therein expressed, hereby repealed.

clause.

(2) All

Justices Act.-1921.

(2) All proceedings initiated before the commencement of this Act shall be carried on as far as practicable according to the provisions of this Act and, subject thereto, according to the provisions of the said Acts.

(3) All persons lawfully in custody or bound by recognizances, at the time of the commencement of this Act, under the provisions of any Act hereby repealed, shall be deemed to be in lawful custody or to be so bound as aforesaid under the provisions of this Act, and may be dealt with accordingly.

(4) In all cases where, prior to the commencement of this Act, notice has been given of intention to appeal to a Local Court from any conviction, order, determination, adjudication, or refusal to make an order by a Justice or Justices, but such appeal has not been heard or determined, the same shall be heard and determined as though this Act had not been passed.

9. (1) Wherever any Act, past or future, or any rule, regulation, or by-law made under or by virtue of any such Act

(a) constitutes any act or omission a simple offence; or
(b) provides that any sum may be recovered, by summary
proceedings or summarily, before a Court of Summary
Jurisdiction or before a Justice or Justices; or

(c) provides that any order may be made by a Court of Summary
Jurisdiction, or by a Justice or Justices in a summary

way,

such Act, rule, regulation, or by-law shall, unless the Act otherwise provides, be deemed to refer to this Act, and the provisions hereof shall for that purpose be incorporated with such other Act.

(2) When any other Act uses the term " information" in relation to a simple offence that term shall, for the purposes of this Act, be deemed to refer to and to mean a complaint under this Act.

PART II.

Oaths of office, &c. 23 of 1859, s. 2.

PART II.
JUSTICES.

Oaths of Office and of Allegiance.

10. (1) The oaths of office and of allegiance to be taken by any person assigned by His Majesty's Commission to act as a Justice may be taken in the Supreme Court.

(2) The said oaths may be taken either in open Court or before any Judge of the said Court in Chambers.

(3) In the case of a person residing more than twenty miles from the Supreme Court House in Adelaide, the said oaths may be taken before a commissioner for taking affidavits in the said Court.

(4) Every