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As to legal proceedings to be taken before courts of summary jurisdiction.
27 & 28 Vict. c. 53.
14 & 15 Vict. c. 90.
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17. Any offence against this Act may be prosecuted before a court of summary jurisdiction:
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. . . . . . . . . .
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In Scotland, under the provisions of the Summary Procedure Act, 1864, and any Act amending the same:
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. . . . . . . . . .
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“Court of summary jurisdiction” shall in this Act mean and include any justice or justices of the peace, sheriff or sheriff substitute, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Acts in this section mentioned, or any Acts therein referred to, or to proceedings before whom the provisions of such Acts are or may be made applicable.
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Provided as follows:—
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1. The “Court of Summary Jurisdiction,” when hearing and determining an information, complaint, or other proceeding in respect of an offence against this Act, shall be constituted in some one of the following manners; that is to say in Scotland, of two or more justices of the peace sitting as judges in a justice of the peace court, or of one of the magistrates hereinafter mentioned, sitting alone or with others at some court or other place appointed for the administration of justice; that is to say, the sheriff or sheriff substitute of the county, or the provost or other magistrate of a royal burgh, or some other officer or officers for the time being empowered by law to do alone or with others any act authorized to be done by more than one justice of the peace; and all necessary powers and authorities are hereby conferred upon such court in Scotland. . .
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2.[1]
The description of any offence against this Act in the words of this Act shall be sufficient in law.
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3.[1] Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and if so specified or negatived no proof in relation to the matters so specified or negatived shall be required on the part of the informant or prosecutor or complainant.
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4. Where any offence against this Act involves the forfeiture of a license granted under the Penal Servitude Acts, the court by whom the offender is convicted may commit him to any prison within its jurisdiction, there to remain until he can conveniently be removed to some prison in which convicts under sentence of penal servitude may lawfully be confined, in order that he may there undergo the term of penal servitude to which he is liable under the said Penal Servitude Acts or some of them; and any person so committed may be kept to hard labour.
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5. Any person accused of an offence against this Act may be remanded from time to time by the court before whom he is brought for the purpose of enabling evidence to be obtained against him, or for any other just cause.
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6.[2]
No warrant or conviction in respect of any offence against this Act shall be quashed for want of form, and the court before whom any question relating to the validity of any such warrant or conviction is brought may amend such warrant or conviction if it is of opinion that there was sufficient evidence before the court by whom the warrant was issued or conviction made to justify the issue of such warrant or making of such conviction.
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7. All penalties imposed under this Act in Scotland may, unless it is otherwise provided, in default of payment, be enforced by imprisonment for a term to be specified in the judgment or sentence of the court, but not exceeding three calendar months; and all penalties imposed and recovered under this Act in Scotland shall be paid to the clerk of the court, and by him accounted for and paid to the Queen’s and Lord Treasurer’s Remembrancer in behalf of Her Majesty.
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All penalties imposed under this Act in Ireland shall be applied according to the Fines (Ireland) Act, 1851, or any Act amending the same.
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[1 Provisoes 2 and 3 rep. as to E., 47 & 48 Vict. c. 43. s. 4.]
[2 Proviso 6 is rep. as to Scotland, 56 & 57 Vict. c. 54. (S.L.R.)] |
