Restriction -summary dealingadult. Restriction punishment of child. Discharge of accused without punishment. Right to claim trial by jury. 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 it is proved that the justice purporting to have signed the same did not in fact sign the same." Section 14.-Where an adult is charged before a court with any indictable offence specified in first schedule to Act, and it appears that owing to a previous conviction the accused is punishable with penal servitude, the court shall not deal summarily with such case. Section 15.-A child on summary conviction for an offence punishable on summary conviction under this or any other Act, shall not be imprisoned for longer than one month nor fined more than 40s. Section 16.-If upon the hearing of a charge for an offence punishable on summary conviction under this or any other Act, the court think that though the charge is proved the offence is of a trifling nature, and that a nominal punishment will suffice, (1.) The court, without proceeding to conviction, may dis miss the information, and may, if they think fit, order the accused to pay damages up to 40s. and costs; 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 with or without payment of damages and costs. But this section shall not apply to an adult convicted under this Act on his own plea of guilty to an offence of which he could not be convicted by a court of summary jurisdiction had he not pleaded guilty. Section 17.-(1.) A person charged before a court of summary jurisdiction with an offence punishable on summary conviction with three months' imprisonment, and which is not an assault, may, before the charge is gone into but not afterwards, claim to be tried by a jury, and the court shall deal with the case as with an indictable offence, and the offence shall as respects the accused be deemed to be an indictable offence, and, in case of commitment for trial, shall be prosecuted accordingly, the expenses of prosecution being payable as in cases of felony. (2.) For the purpose of informing the defendant of his right to be tried by a jury, the court shall, before going into the charge, address him as follows:-"You are charged with an offence in respect of the commission of which you are entitled, if you desire it, instead of being dealt with summarily, to be tried by a jury. Do you desire to be tried by a jury?" stating, if they think fit, the meaning of the case being dealt with summarily or by a jury. (3.) If the defendant be a child, the court shall address the above question to the parent or guardian if present, otherwise the section does not apply to a child. Section 18.-No cumulative sentence of imprisonment (save as Cumulative regards sureties) for several assaults on same occasion shall imprisonexceed six months. ment. Section 19.-Where, in pursuance of any Act, any person is Appeal. sentenced by a court of summary jurisdiction to imprisonment without option of fine for any offence, &c., a right of appeal to quarter sessions is allowed, provided the defendant did not plead guilty, &c. ; but this section shall not apply to imprisonment for non-payment of money, for failing to find sureties, enter into recognizance, or give security. Section 20.-(1.) A case arising under this or any other Act Court to sit shall not be heard, tried, &c., by a court of summary jurisdiction, at courtexcept when sitting in open court. (2.) Open court means a petty sessional court-house or an occasional court-house. (3.) A petty sessional court-house means a court-house or place where justices usually assemble for special or petty sessions, or a temporary substitute for such court-house or place; and where justices assemble for such sessions at more than one place in a petty sessional division, means any such court-house or place. (4.) An occasional court-house means such police station or other place as is appointed (as hereinafter provided) to be used as an occasional court-house. (5.) Justices shall from time to time, at a sessions of which special notice has been given, appoint places to be used as occasional court-houses, at which cases may be heard, tried, &c., and they may vary places so appointed, and shall cause public notice to be given of every place appointed as an occasional court-house. (6.) A court of summary jurisdiction consisting of two or more justices when sitting in a petty sessional court-house is in this Act referred to as a petty sessional court. (7.) No court of summary jurisdiction sitting in an occasional court-house shall sentence an offender to a longer term of imprisonment than 14 days, nor to a fine exceeding 20s., and the same power only is given to a justice sitting alone in a petty sessional court-house. (8.) Indictable offences dealt with summarily under the Act shall not be heard, tried, &c., except by a petty sessional court house, &c. Offences and any future sitting on some day appointed for hearing such offences, of which proper public notice has been given, or at some adjournment of such court. (9.) Cases under this Act other than such indictable offences cases under which are triable by a court of summary jurisdiction, shall (unless otherwise prescribed) be heard, tried, determined, &c., by a court of summary jurisdiction consisting of two or more justices. Act. Warrants. (10.) The Lord Mayor or any alderman of London, and any police or stipendiary magistrate, sitting at any place where he is authorized to do alone any act authorized to be done by more than one justice, shall, for purposes of this Act, be deemed to be a court of summary jurisdiction consisting of two or more justices sitting in a petty sessional court-house. (11.) A court of summary jurisdiction, when not a petty sessional court, may adjourn the hearing of any case to a petty sessional court in the same manner as under section 16 of Summary Jurisdiction Act, 1848. Section 21.-(1.) Where application is made to a court of summary jurisdiction for a distress warrant or warrants of commitment for non-payment of sums of money, &c., the court may, if it think fit, postpone the issue of such warrant until such time and on such conditions, if any, as may seem just. (2.) The wearing apparel and bedding of a person and his family, and the tools and implements of his trade to value of 5l., shall not be taken under a distress issued by a court of summary jurisdiction. (3.) Where, on non-payment of money in certain cases, application is made for the issue of a distress warrant, and it appears to the court that the person on whom the distraint is to be made has no goods whereon to levy the distress, or that his goods will be insufficient to satisfy the money payable by him, or that the levy of the distress will be more injurious to him or his family than imprisonment, such court may, if it think fit, order such person on non-payment to be imprisoned for any period not exceeding the period for which he is liable in default under the conviction or order. (4.) Where in certain cases, on non-payment of money or in default of sufficient distress, application is made for the issue of a warrant of commitment, and it appears to the court to whom the application is made that either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such conviction or order, the court shall, by its warrant of commitment, revoke the term of imprisonment, and order the defendant to be imprisoned for a term not exceeding such less maximum term, instead of for the term originally mentioned in the conviction or order. SUPPLEMENTAL PROVISIONS. court. Section 22.-The section provides for the keeping of a register Register of of the minutes, &c., of all convictions, orders, and proceedings of courts of summary jurisdiction. The register to be kept by the clerk and to be signed by justices. Section 23.-The section contains regulations regarding securi- Regulations ties taken in pursuance of Act. Sums due may be recovered as to securisummarily and payment enforced, &c. (See also section 35.) ties. able offences Section 24.-The section gives power to a court of summary Remand jurisdiction to remand persons charged with indictable offences for indict with which the court has power to deal. A remand may be made as under section 21 of 11 & 12 Vict. c. 42, but if the person be remanded to the next practicable sitting of a petty sessional court he may be remanded for more than eight days. Section 25 sets forth the procedure before a court of summary Procedure, jurisdiction in case of sureties to keep the peace, with the sureties, &c. imprisonment to which the defendant is liable in default. Maximum, six months. Section 26.-Where a person has been committed to prison by a court of summary jurisdiction for default in finding sureties, section 26 gives power to a petty sessional court to vary order for sureties upon application of such person, and if upon new evidence or proof of change of circumstances the court see fit, they may reduce the amount of bond or dispense with sureties, or otherwise deal with the case. Section 27.-The section contains regulations applicable to Indictable cases where indictable offences are dealt with summarily under offences. this Act, the procedure to be observed, evidence, effect of conviction, dismissal, &c. (See also sections 10, 11, 12, and 13.) Section 28.-The section sets forth the manner in which the Costs, &c. costs of prosecution of indictable offences dealt with summarily are to be defrayed. The court may grant a certificate of amount of compensation for expenses, loss of time, &c., to any person prosecuting or giving evidence in the case. The amount named in the certificate may include fees payable to clerk, &c., and the certificate shall have the effect of any order of court for payment of expenses of prosecution for felony made under 7 Geo. 4, c. 64 (a). (a) See Appendix. Power to Section 29.-(1.) This section empowers the Lord Chancellor make rules. to make rules regarding— Power to provide (a.) The giving security under this Act; (6.) The forms to be used under the Summary Jurisdiction Acts; (c.) The costs and charges payable under distress warrants; (f.) Any other matter in relation to which rules are autho- (2.) The Lord Chancellor may annul, alter, or add to any forms contained in the Summary Jurisdiction Act, 1848, or any forms relating to summary proceedings contained in any other Act. (3.) Any rule made shall be laid before Parliament, and shall be judicially noticed. Section 30.-The section gives power to justices to provide Court-house. petty sessional court-houses by the purchase, &c., of land, and erection of suitable building, and all enactments relating to pro vision of such place, expenses, &c., shall apply accordingly (a). Procedure on appeal. PART II. AMENDMENT OF PROCEDURE. Section 31.-Where any person is authorized to appeal from the conviction or order of a court of summary jurisdiction to a court of general or quarter sessions, he may appeal to such court, subject to certain conditions and regulations of which the following are an epitome : (1.) Appeal to be made to proper court of general or quarter sessions. (2.) Notice in writing of intention to appeal, &c., to be served by appellant on other party and on clerk of court within prescribed time, &c. (3.) Appellant to enter into recognizances, &c., or give security to appear and try appeals, &c. (4.) Where the appellant is in custody, the court may, if they think fit, release him on his entering into the recognizance or security aforesaid. (a) Powers for the purpose are given under 38 & 39 Vict. c. 89, s. 40, and 31 Vict. c. 22, ss. 4 and 5. |