Post Office (Protection) Act, 1884

Recovery of fines.

42 & 43 Vict. c. 49.

27 & 28 Vict. c. 53.

44 & 45 Vict. c. 33.

14 & 15 Vict. c. 93.

42 & 43 Vict. c. 49.

47 & 48 Vict. c. 19.

Miscellaneous Amendments as to Offences.

12.(1.) All offences under this Act which are punishable on summary conviction may be prosecuted, and fines under this Act which are recoverable on summary conviction may be recovered,

(a.) In England in manner provided by the Summary Jurisdiction (English) Acts; and

(b.) In Scotland before the sheriff or sheriff substitute in manner provided by the Summary Jurisdiction (Scotland) Acts, 1864 and 1881, and all necessary jurisdiction is hereby conferred on such sheriff and sheriff substitute; and

(c.) In Ireland within the police district of Dublin metropolis, in manner provided by the Acts regulating the powers and duties of justices of the peace for such district or of the police of such district, and elsewhere in Ireland in manner provided by the Petty Sessions (Ireland) Act, 1851, and any Act amending the same; and

(d.) In the Isle of Man before a high bailiff or two justices of the peace at the instance of an officer of the post office or of a constable in accordance with the law for the time being in force for regulating the exercise of summary jurisdiction by such bailiffs or justices; and

(e.) In the Channel Islands, or elsewhere than in the United Kingdom or the Isle of Man, before the court and in the manner provided by law, and if no provision is otherwise made by law, then at the instance of any officer of the post office before the court and in the manner before and in which the like offences and fines can be prosecuted and recovered.

(2.) In Scotland offences and fines which may be prosecuted and recovered on summary conviction in pursuance of this Act may be prosecuted and recovered, and proceedings may be taken at the instance of the procurator fiscal of the court as part of his official duty, or of any person on that behalf authorised by the Postmaster General.

(3.) Every offence under the Post Office Acts which is punishable with a pecuniary penalty or forfeiture of any sum not exceeding twenty pounds, whether with or without full costs of suit and expenses may be prosecuted, and such penalty, forfeiture, costs, and expenses may be recovered and the payment thereof enforced in manner in this section mentioned with respect to offences and fines under this Act.

(4.) Any offence punishable on indictment under this Act, whether it is or not also punishable on summary conviction, shall be deemed to be an indictable offence under the post office laws within the meaning of the First Schedule to the Summary Jurisdiction Act, 1879, and the schedule to the Summary Jurisdiction over Children (Ireland) Act, 1884.

(5.) On the prosecution of any offence under the Post Office Acts, whether on summary conviction or on indictment, evidence that any article is in the course of transmission by post or has been accepted on behalf of the Postmaster General for transmission by post shall be sufficient evidence that such article is a postal packet.