Page images
PDF
EPUB

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

[ocr errors]

"Clerk " means clerk appointed by or under section 42 : Complaint" includes a charge of a minor indictable offence, if, and when, a Court of Summary Jurisdiction proceeds to dispose of such charge summarily:

66

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 imprison-
ment or detention is authorised by law according to the
circumstances of the case:

66

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:

[ocr errors]

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:

"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:

66

66

66

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 "com-
mittal for trial" includes "to appear for sentence."

[ocr errors]

PART I.

conferred upon a single Justice.

respect to powers

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; or in the case of Justices sitting as a Court, by any two or more 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

[blocks in formation]

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

Justices Act.-1921.

(4) Every oath so taken before a commissioner shall be subscribed by the person taking the same in the presence of, and attested by, the commissioner, and forthwith transmitted to the Master of the said Court, to be kept with the roll of Justices.

Special Magistrates.

11. It shall be lawful for His Majesty, or for the Governor in the name and on behalf of His Majesty, from time to time, by commission under the Public Seal of the State, to nominate and appoint, during His Majesty's pleasure, such and so many Justices as may be deemed fit and proper to be Special Magistrates, with or without salary.

[blocks in formation]

12. Every commission now or hereafter to be issued by which Commission of Special Magistrates any Justice is or shall be appointed a Special Magistrate shall be valid and effectual for all purposes whatsoever, and shall be deemed 6 of 1865, s. 1. to give to the person therein named all the jurisdiction, powers, and authorities conferred upon Special Magistrates by this Act.

13. So long as his commission remains in force and unrevoked, Powers of a Special every Special Magistrate shall have jurisdiction, power, and authority Magistrate. to do alone whatsoever any one, two, or more Justices may lawfully Ibid., s. 2. do under this Act, or under or by virtue of any other Act conferring jurisdiction, power, or authority upon Justices: Provided that nothing herein contained shall authorise any Special Magistrate to exercise any jurisdiction or to do any act which he is, by the express provisions of any statute, authorised to exercise or do only in conjunction with other Justices.

General Provisions.

14. (1) All summonses, warrants, convictions, and orders (not Authentication of being by law authorised to be made by word of mouth only) shall be acts of Justices. under the hands of the Justices issuing or making the same.

warrant on Sunday.

(2) A Justice may receive any information or complaint and Power to issue may grant or issue any warrant or summons on a Sunday as well as any other day.

Cf. 15 of 1849, s. 3.

letters "J.P." 926 of 1907, s. 6

15. The letters "J.P." appearing after any signature in or upon Meaning of the any instrument, certificate, or other document shall respectively have and be taken to have the same meaning and effect as though instead thereof, respectively, appeared the words "one of His Majesty's Justices of the Peace in and for the State of South Australia," unless it appears from the said instrument, certificate, or other document that such signature was affixed out of the said State, or unless another meaning shall be indicated in or upon the said instrument, certificate, or other document,

explanatory

16. Whenever the decision of any Justice is called in question Justices may file an in the Supreme Court by any rule to show cause, or other process affidavit in answer issued upon an ex parte application, it shall be lawful for such Justice to ex parte to make and file in the said Court an affidavit setting forth the grounds application. of the decision so brought under review, and any facts which he may consider to have a material bearing upon the question at issue, without

298 of 1883-4, s. 44.

PART II.

Supreme Court to consider affidavit. Ibid., s. 45.

Upon insolvency
Justice incapable
of acting.
Ibid., s. 34.

Warrant or summons not

avoided by death, etc., of Justice.

Ibid., s. 33.

Justices Act.-1921.

without being required to pay any fee in respect of filing such affidavit, and such affidavit may be sworn before a Commissioner authorised to take affidavits in the Supreme Court, and may be forwarded by post to the Master thereof, for the purpose of being so filed.

17. Whenever any such affidavit is filed as aforesaid, the Supreme Court shall, before making the rule absolute, or otherwise determining the matter so as to overrule or set aside the act or decision to which the application relates, take into consideration the matters set forth in such affidavit, notwithstanding that no counsel appears on behalf of the Justice.

18. If any person assigned by His Majesty's Commission to act as a Justice is adjudged insolvent, or makes any arrangement or composition with, or any assignment for the benefit of, his creditors, he shall be and remain incapable of acting as a Justice until he has been newly assigned by His Majesty in that behalf.

19. No warrant or summons granted or issued by a Justice, whether under this Act or under any other Act past or future, or otherwise, shall be avoided by reason of the Justice who signed the same dying or ceasing to hold office.

PART III.

Form of warrant. 15 of 1849, s. 6.

6 of 1850, s. 3.

Form of summons,
15 of 1849, s. 6.
6 of 1850, s. 1.

PART III.

GENERAL PROCEDURE.

Form of Warrant and Summons.

20. (1) Every warrant for the apprehension of a defendant shall(a) state shortly the matter of the information or complaint upon which it is founded; and

(b) name or otherwise describe the defendant; and

(c) order the person or persons to whom it is directed to apprehend the defendant and bring him before the Justice issuing it, or before some other Justice, to answer the charge contained in the information or complaint, and to be further dealt with according to law.

(2) The warrant may be directed specially to any constable or other person by name, or generally to all constables and peace officers of the State, or both specially and generally as aforesaid; and where the warrant is directed generally it shall be lawful for any constable or other peace officer to execute such warrant in like manner as if the same had been specially directed to him by name.

(3) It shall not be necessary to make the warrant returnable at any particular time, but the same shall remain in force until it is executed.

(4) Every warrant may be executed by apprehending the defendant at any place within the State.

21. (1) A

« EelmineJätka »