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Summary Jurisdiction Act 1848

The Summary Jurisdiction Act 1848 (11 & 12 Vict. c. 43), also known as the Duties of Justices (Summary Convictions) Act 1848 is an act of the Parliament of the United Kingdom that consolidated the provisions of a large number of statutes relating to summary jurisdiction. The act is one of the Jervis's Acts, also known as Summary Jurisdiction Acts, which reformed the local administration of justice in England.

Summary Jurisdiction Act 1848
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions, within England and Wales, with respect to summary Convictions and Orders.
Citation11 & 12 Vict. c. 43
Introduced byJohn Jervis MP (Commons)
Territorial extent England and Wales[a]
Dates
Royal assent14 August 1848
Commencement2 October 1848[b]
Other legislation
AmendsSee § Repealed acts
Repeals/revokesSee § Repealed acts
Amended by
Relates to
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted

Background

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In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[1]

In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[2] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statues, which was declared "very expedient to be done." However, this was never done.[3]

On 16 March 1824, the Select Committee on the Criminal Law in England was appointed to consider the expediency of consolidating and amending the criminal law.[4] The select committee reported on 2 April 1824, resolving to consolidate the criminal law under several heads and to bring in Bills to do so.[5]

In 1827, Peel's Acts were passed to modernise, consolidate and repeal provisions of the criminal law, territorially limited to England and Wales and Scotland, including:

In 1828, parallel bills for Ireland to Peel's Acts were introduced, becoming:[6]

In 1828, the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 related statutes. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 statutes relating to the Criminal law.

By 1848, the institution of justice of the peace in England and Wales had fallen into disrepute in some legal circles and was dealing with a rapidly increasing case load,[7] its statutory basis dating back to the 16th century.[7] Officials performed multiple functions, including statute administration, bail decisions, jury trial oversight, and summary jurisdiction matters. While traditionally operating in benches with other lay justices, a new trend emerged where full-time magistrates presided alone in urban jurisdictions.[8] The system faced growing criticism, particularly regarding lay magistrates conducting jury trials, as even the quarter sessions chairmen who provided legal direction often lacked substantial legal expertise.[8] This period also saw increasing complexity in regulatory law due to an active, reform-oriented Parliament.[8]

In 1848, John Jervis MP was responsible for sponsoring, drafting and all but single-handedly guiding through the House of Commons three bills to reform the criminal and civil roles of a justice of the peace in England and Wales.[7]

Passage

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Leave to bring in the Administration of Justice (No. 2.) Bill was granted to the Attorney General, John Jervis MP and the Solicitor General, Sir David Dundas, 2nd Baronet, on 3 February 1848.[9] The bill had its first reading in the House of Commons on 3 February 1848, presented by the Attorney General, John Jervis MP.[9] The bill had its second reading in the House of Commons on 12 February 1848 and was committed to a Committee of the Whole House.[9] The order was discharged on 18 February 1848 and the bill was referred to a select committee, which reported on 1 June 1848, with amendments.[9][10] The amended bill was re-committed to a Committee of the Whole House, which met on 8 June 1848 and reported on 10 June 1848, with amendments.[9] The amended bill had its third reading in the House of Commons on 16 June 1848 and passed, with amendments.[9]

The bill had its first reading in the House of Lords on 16 June 1848.[11] The bill had its second reading in the House of Lords and was committed to a Committee of the Whole House,[12] which met on 18 July 1848 and reported on 21 July 1848, with amendments.[13] The amended bill had its third reading in the House of Lords on 24 July 1848 and passed, without amendments.[14]

The amended Bill was considered and agreed to by the House of Commons on 27 July 1848.[9]

The Bill was granted royal assent on 14 August 1848.[15]

Legacy

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In 1848, Jervis's Acts were passed, becoming:

The acts were immediately praised for their work reforming the administration of criminal justice in England and were compared favourably in impact to Peel's Acts and Lord Lansdowne's Acts.[16]

The act was supplemented by other Summary Jurisdiction Acts, which regulate the procedure before Justices of the Peace with respect to summary convictions and orders, including the Summary Jurisdiction Act 1879 (42 & 43 Vict. c. 49), the Summary Jurisdiction (Process) Act 1881 (44 & 45 Vict. c. 24) and the Summary Jurisdiction Act 1884 (47 & 48 Vict. c. 43).[17][18]

Sections 36, 38 and 39 were repealed by the Statute Law Revision Act 1875 (38 & 39 Vict. c. 66).

Provisions

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Repealed acts

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Section 36 of the act repealed 8 acts, listed in that section, effective from 2 October 1848.[19]

Section 36 of the act also repealed "all other Act or Acts or Parts of Acts which are inconsistent with the Provisions of this Act save and except so much of the said several Acts as repeal any other Acts or Parts of Acts".[19] and also except as to Proceedings now pending to which the same or any of them are applicable

Citation Short title Title Extent of repeal
18 Eliz. 1. c. 5 Common Informers Act 1575 A certain Act of Parliament made and passed in the Eighteenth Year of the Reign of Her Majesty Queen Elizabeth, intituled An Act to redress Disorders in Common Informers. As relates to exhibiting an Information and pursuing the same in Person, and not by any Attorney or Deputy.

I.e., section 1.

31 Eliz. 1. c. 5 Common Informers Act 1588 A certain other Act made and passed in the Thirty-first Year of the Reign of Her said Majesty Queen Elizabeth, intituled An Act concerning Informers. As relates to the Time limited for exhibiting an Information for a Forfeiture upon any Penal Statute.

I.e., section 5

27 Geo. 2. c. 20 Distresses Under Justices' Warrants Act 1754 A certain other Act made and passed in the Twenty-seventh Year of the Reign of His Majesty King George the Second, intituled An Act for the more easy and effectual proceeding upon Distresses to be made by Warrants of Justices of the Peace. As relates to such Distresses.

I.e., sections 1 and 2. [c][20]

18 Geo. 3. c. 19 Payment of Charges of Constables Act 1778 An Act made and passed in the Eighteenth Year of His late Majesty King George the Third, intituled An Act for the Payment of Costs to Parties on Complaints determined before Justices of the Peace out of Sessions, for the Payment of the Charges of Constables in certain Cases, and for the more effectual Payment of Charges to Witnesses and Prosecutors of any Larceny or other Felony. As relates to such Costs on the said Complaints.

I.e., sections 1, 2, 3 and 5.

33 Geo. 3. c. 55 Parish Officers Act 1793 A certain other Act made and passed in the Thirty-third Year of the Reign of His said late Majesty King George the Third, intituled An Act to authorize Justices of the Peace to impose Fines upon Constables, Overseers, and other Peace or Parish Officers for Neglect of Duty, and on Masters of Apprentices for ill Usage of such their Apprentices, and also to make Provision for the Execution of Warrants of Distress granted by Magistrates. As relates to the Executions of such Warrants of Distress.

I.e., section 3.

3 Geo. 4 c. 23 Summary Proceedings Act 1822 A certain other Act made and passed in the Third Year of the Reign of His late Majesty King George the Fourth, intituled An Act to facilitate summary Proceedings before Justices of the Peace and others. The whole.
5 Geo. 4. c. 18 Summary Convictions, etc. Act 1824 A certain other Act made and passed in the Fifth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for the more effectual Recovery of Penalties before Justices and Magistrates on Conviction of Offenders, and for facilitating the Execution of Warrants by Constables. The whole.
6 & 7 Will. 4. c. 114 Trials for Felony Act 1836 A certain Act made and passed in the Seventh Year of the Reign of His late Majesty King William the Fourth, intituled An Act for enabling Persons indicted for Felony to make their Defence by Counsel or Attorney. As relates to the Right of Persons accused, in Cases of summary Convictions, to make their Defence, and to have all Witnesses examined and cross-examined by Counsel or Attorney.

I.e., section 2.

See also

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Notes

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  1. ^ Section 37.
  2. ^ Section 38
  3. ^ This act is listed in the Chronological Table of the Statutes as being wholly repealed.

References

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  1. ^ Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review. 18 (2): 397–425. doi:10.2307/744300. ISSN 0738-2480. JSTOR 744300.
  2. ^ a b Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024. Public Domain  This article incorporates text from this source, which is in the public domain.
  3. ^ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard). Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
  4. ^ "Consolidation Of the Criminal Law Of England". Parliamentary Debates (Hansard). Vol. 18. Parliament of the United Kingdom: House of Commons. 16 March 1824. col. 1063–1064.
  5. ^ Commons, Great Britain Parliament House of (1824). Reports from Committees.
  6. ^ Companion to the Almanac, Or Yearbook of General Information for ... 1835. p. 161.
  7. ^ a b c Freestone, D.; Richardson, J. C. (1980). "The making of English criminal law: Sir John Jervis and his acts". Criminal Law Review: 5–16.
  8. ^ a b c Woods, Gregory D. (2002). A History of Criminal Law in New South Wales: The Colonial Period, 1788-1900. Federation Press. p. 173. ISBN 978-1-86287-439-8.
  9. ^ a b c d e f g Commons, Great Britain House of (1848). The Journals of the House of Commons (PDF). Vol. 103. pp. 157, 158, 210, 237, 253, 279, 588, 597, 616, 622, 785, 797, 919. Retrieved 8 November 2024.
  10. ^ Commons, Great Britain Parliament House of (1848). Parliamentary Papers. H.M. Stationery Office.
  11. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 99. Parliament of the United Kingdom: House of Lords. 16 June 1848. col. 714.
  12. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 99. Parliament of the United Kingdom: House of Lords. 23 June 1848. col. 1049.
  13. ^ Lords, Great Britain Parliament House of (1848). Minutes of Proceedings. pp. 658, 662, 666, 684, 700, 702, 712, 717, 726, 747, 764, 781, 801, 813, 820, 847, 854, 869, 881, 893, 917, 951, 970, 986, 991, 998, 1006, 1042, 1129.
  14. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 100. Parliament of the United Kingdom: House of Lords. 24 July 1848. col. 743.
  15. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 100. Parliament of the United Kingdom: House of Lords. 14 August 1848. col. 101.
  16. ^ Archbold, John Frederick (1848). Jervis's Acts, 11 & 12 Victoria, Cc.42, 43, & 44: Relating to the Duties of Justices of the Peace Out of Sessions as to Indictable Offences, Convictions and Orders ; and to the Protection of Justices in the Execution of Their Duties ; with Practical Notes and Forms. Shaw & Sons.
  17. ^ Glen, William Cunningham (1884). The Summary Jurisdiction Acts, 1848-1884. ... Shaw & Sons.
  18. ^ Paley, William; Macnamara, Walter Henry (1892). Paley's Law and Practice of Summary Convictions Under the Summary Jurisdiction Acts, 1848-1884: Including Proceedings Preliminary and Subsequent to Convictions, and the Responsibility of Convicting Magistrates and Their Officers : with the Summary Jurisdiction Rules, 1886, and Forms. Sweet and Maxwell. pp. 67–72.
  19. ^ a b A Collection of the Public General Statutes: 1848. 1848.
  20. ^ Chronological Table of and Index to the Statutes to the End of the Session of ... By Authority. 1873.
 
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