ment, if the court think such statement desirable for the Sect. 12. information of the person to whom the question is addressed, of the meaning of the case being dealt with summarily, and of the assizes or sessions (as the case may be) at which he will be tried if tried by a jury. The court hearing cases under this section must be a petty sessional court. See s. 20 (1), (6), (8), post, and for form of conviction [15] Consolidated Forms, 1886, post. If any fine is imposed under this section it will be recoverable under the provisions of 11 & 12 Vict. c. 43, ss. 19, 22, ante, pp. 97, 102, and s. 5 of S. J. Act, 1879, ante, p. 125; hard labour cannot be awarded for non-payment. Section 49, post, defines the expression "adult" to mean a person who, in the opinion of the court before whom he is brought, is of the age of sixteen years or upwards. Where under this section an adult consents to be dealt with summarily by a court of summary jurisdiction, and is convicted and adjudged to be imprisoned without the option of a fine, there is no appeal under s. 19 of this Act to quarter sessions against such conviction (Reg. v. London JJ., [1892] 1 Q. B. 664; 56 J. P. 421; 61 L. J. M. C. 104; 8 T. L. R. 338. Where an adult charged before a court of summary jurisdiction with an indictable offence has consented under this section to be dealt with summarily, the court ought nevertheless on discovering, after hearing the evidence and before conviction or acquittal, that the prisoner has been previously convicted on indictment so as to be punishable by penal servitude, to refuse to convict or acquit, and ought to commit for trial to the sessions or assizes. Per the learned Recorder of Ludlow in Rex v. Lloyd, 65 J. P. 825. Offences mentioned in the first schedule to the Inebriates Act, 1898 (61 & 62 Vict. c. 60), may be "on consent" dealt with summarily, and the S. J. Act, 1879, shall apply to proceedings under s. 2 of the Inebriates Act, 1898, as if the offence charged were specified in the second column of the First Schedule to the S. J. Act, 1879. The Inebriates Act, 1898, prescribes a term of detention not exceeding three years in a certified inebriate reformatory, which of course is in such cases to take the place of the adjudication in the first portion of s. 12 of the S. J. Act, 1879. See Forms [15 and 21] of Consolidated Forms, 1886, post, and as to procedure, ss. 27 and 28, post. 13. Summary conviction on plea of guilty of adult.] (1) Where a person who is an adult is charged before a court of summary jurisdiction with an indictable offence which is specified in the first column of the first schedule to this Act, and is not comprised in the second column of that schedule, and the court at any time during the hearing of the case become satisfied that the evidence is Sect. 13. sufficient to put the person charged on his trial for the that (2) The court, before asking, in pursuance of this section, the person charged whether he is guilty or not, shall explain to him that he is not obliged to plead or answer, and that if he pleads guilty he will be dealt with summarily, and that if he does not plead or answer, or pleads not guilty, he will be dealt with in the usual course; with a statement, if the court thinks such statement desirable for the information of the person to whom the question is addressed, of the meaning of the case being dealt with summarily or in the usual course, and of the assizes or sessions (as the case may be) at which such person will be tried if tried by a jury. The court shall further state to such person to the effect that he is not obliged to say anything unless he desires to do so, but that whatever he says will be taken down in writing, and may be given in evidence against him upon his trial, and shall give him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then says may be given in evidence against him upon his trial, notwithstanding such promise or threat. (3) If the prisoner does not plead guilty, whatever he says in answer shall be taken down in writing and read over to him, and signed by a justice constituting or forming part of the court, and kept with the depositions of the witnesses, and transmitted with them in manner required by law, and afterwards upon the trial of the prisoner may, if necessary, be given in evidence against him without further proof thereof, unless it is proved that the justice Sect. 13. purporting to have signed the same did not in fact sign the same. For procedure, see ss. 27 and 28, post, and Forms [16] and [40] of Consolidated Forms of 1886, post. See s. 24 (1), post, as to power of a court of summary jurisdiction to remand for indictable offences. The court hearing cases under this section must be a petty sessional court (see s. 20 (1) (8), post), and s. 13 (12) of the Interpretation Act, 1889 (52 & 53 Vict. c. 63), post. As to transmission of depositions, see 11 & 12 Vict. c. 42, s. 20, post, and as to depositions of witnesses for the defence called before justices, see the Criminal Law Amendment Act, 1867 (30 & 31 Vict. c. 35), s. 3, post, in the Appendix. 14. Restriction on summary dealing with adult charged with indictable offence.] Where a person who is an adult is charged before a court of summary jurisdiction with any indictable offence specified in the first schedule to this Act, and it appears to the court that the offence is one which, owing to a previous conviction on indictment of the person so charged, is punishable by law with penal servitude, the court shall not deal with the case summarily in pursuance of this Act. As to "previous conviction," see note to s. 16, post. As to proof of previous conviction, see 34 & 35 Vict. c. 112, s. 18 (The Prevention of Crimes Act, 1871). The mode of proof under this section is in addition to, and not in substitution for, any other mode of proving such previous conviction. There is a diversity of opinion as to whether a previous conviction under this Act would prevent the court from dealing summarily with the case. The following question was submitted to Sir Harry Poland: "Whether the words on indictment' in s. 14 of the Summary Jurisdiction Act are to be taken literally, or whether they are to be deemed to include all previous convictions for indictable offences under the repealed Criminal Justice Act and under ss. 12 and 13 of the S. J. Act, 1879, and also all like summary convictions for felony or otherwise under the repealed Juvenile Offenders Acts (10 & 11 Vict. c. 82, and 13 & 14 Vict. c. 37) and under ss. 10 and 11 of the S. J. Act, 1879." His opinion (quoted in 48 J. P. 297) was as follows: "I am of opinion that the words on indictment' are to be taken literally, and that they are not to be deemed to include the summary convictions referred to in the question." See also Stone's Justices' Manual (38th ed.), p. 29. See, however, the opinions of the Home Secretary (Law Times, 1st May, 1880) and of the editors of the Justice of the Peace (48 J. P. 669), that an offender should not be dealt with summarily after a conviction under this statute; and see treatises on this subject at 61 J. P. 531, and 62 J. P. 380. Sect. 14. NOTE. A conviction is proved either by the formal conviction being produced from the clerk of the peace's office or by an examined copy of it; but, by some statutes, a certified copy of such conviction, under the hand of the clerk of the peace, or his deputy (R. v. Parsons, 35 L. J. M. C. 167), or other proof is allowed (Giles v. Siney, 28 J. P. 756 ; 13 W. R. 92). As to certificates of previous convictions, the following extracts from two letters from the Home Office, dated April 2nd, 1889, and July 20th, 1889, may be referred to. "The Secretary of State has had under his consideration the question whether it is expedient to continue the practice under which the certificates of previous convictions of prisoners committed for trial, which are required for the court before which the indictment will be laid, have been procured by the prison authorities or prison officers. "It appears to the Secretary of State that the obtaining of this certificate is part of the duty of the prosecution, and that, if so, it cannot be the duty either of the prison authority or of the prison warder, but it must be the duty of the prosecutor, and, consequently, of the police in any case in which a constable is bound over to prosecute. “In cases other than those in which the police are bound over to prosecute it will be the duty of private prosecutors to procure the certificates of conviction of prisoners committed for trial. "Whenever the actual prosecutor is not represented by a solicitor, the certificates of conviction must be procured by the police in the same manner as when an officer of police is bound over to prosecute." In London School Board v. Harvey, 4 Q. B. D. 451 ; 48 L. J. M. C. 130; 27 W. R. 786, an order of a court of summary jurisdiction, under the Education Act, 1876, imposing a penalty on a parent for non-compliance with a previous attendance order, may be proved in subsequent proceedings by the minute books of the court containing an entry of the order, and it is unnecessary to produce a copy of the order signed by the clerk of the peace or other officer of the sessions. As to the register of a court of summary jurisdiction, see s. 22, post. As to certificate of conviction under the Salmon Fisheries Acts, see 36 & 37 Vict. c. 71, s. 11, and as to evidence of the register kept in pursuance of the Licensing Act, 1872 (35 & 36 Vict. c. 94), see s. 58 of that statute. 15. Restriction on punishment of child for summary offence.] A child on summary conviction for an offence punishable on summary conviction under this Act, or under any other Act, whether past or future, shall not be imprisoned for a longer period than one month, nor fined a larger sum than forty shillings. With reference to this section, see s. 10 (1), (b) and (c), ante, p. 132. 16. Power of court to discharge accused without punish- Sect. 16. ment.] If upon the hearing of a charge for an offence punishable on summary conviction under this Act, or under any other Act, whether past or future, the court of summary jurisdiction think that though the charge is proved the offence was in the particular case of so trifling a nature that it is inexpedient to inflict any punishment, or any other than a nominal punishment, (1) The court, without proceeding to conviction, may dismiss the information, and, if the court think fit, may order the person charged to pay such damages, not exceeding forty shillings, and such costs of the proceedings, or either of them, as the court think reasonable; or, (2) The court, upon convicting the person charged may discharge him conditionally on his giving security, with or without sureties, to appear for sentence when called upon, or to be of good behaviour, and either without payment of damages and costs, or subject to the payment of such damages and costs, or either of them, as the court think reasonable : Provided that this section shall not apply to an adult convicted in pursuance of this Act of an offence of which he has pleaded guilty, and of which he could not, if he had not pleaded guilty, be convicted by a court of summary jurisdiction. This proviso refers to s. 13, ante, relating to a summary conviction of an adult for an indictable offence on the plea of guilty. See Form [25] of Consolidated Forms, 1886, post, as to warrants of distress on order for money. For order of dismissal with damages see Form [22] of Consolidated Forms, 1886, post. There is a somewhat similar provision to sub-s. (2) of this section in 50 & 51 Vict. c. 25 (The Probation of First Offenders Act, 1887), post. As to the offence being of a "trifling nature," see Phillips v. Evans, [1896] 1 Q. B. 305; 60 J. P. 120; 65 L. J. M. C. 101 ; 44 W. R. 429, and Nisbet v. Lloyd, 68 J. P. 396; Banks v. Wooler, 64 J. P. 245, and Barnard v. Barton and Others, 75 L. J. K. B. 326; Lee Conservancy Board v. Bishop's Stortford Urban District Council, 70 J. P. 244, and also see an article on the subject at 69 J. P. N. 229. Justices are not debarred from dismissing a summons under this section on the ground that the offence is of a trifling nature merely because of a previous conviction for |