the infliction of a pecuniary penalty. In others the magistrates are empowered to punish by a penalty or imprisonment with hard labour not exceeding six months; or, if there has been a previous conviction, twelve months (c). When the Court deals with an indictable offence summarily and dismisses the information or convicts, the effect of such dismissal or conviction is the same as if the person charged had been acquitted or convicted respectively on indictment. And the conviction or certificate of dismissal is a bar to further proceedings for the same offence (d).

The jurisdiction of a magistrate is local, and not personal; that is, he can exercise it only in his own county, borough, or other district. And as a general rule, the jurisdiction is further limited to offences committed within such county, borough, or district. But in some cases the jurisdiction is extended. Thus offences committed on the boundary of the jurisdiction of two Courts, or begun within the jurisdiction of one Court and completed within the jurisdiction of another Court, may be tried by either Court, and offences against property in transit may be tried by any Court through which the property passed in the course of transit (e).

In some cases one justice may act by himself, in others the presence of more is required. But Metropolitan police magistrates, City of London magistrates, and stipendiary magistrates have, within their jurisdiction, power in most cases to do alone whatever is authorised to be done by one or more justices (ƒ).

The magistrates have no jurisdiction to hear and determine cases in a summary manner where the title to property is in question, though, if it had not been for such question, they would have had cognisance thereof; and where the act complained of was done by the defendant in the exercise of a bona fide claim or assertion of right, such claim of right

(c) As, e.g., under 24 & 25 Vict. c. 96, s. 33 (v. p. 193), or in case of persons already twice convicted of crime (v. p. 430) or under police supervision (v. p. 429), or convicts at large under licence (v. p. 449).

(d) 42 & 43 Vict. c. 49, s. 27. (e) 42 & 43 Vict. c. 49, s. 46. (f) 42 & 43 Vict. c. 49, s. 20,

See also 57 & 58 Vict. c. 60, s. 684.
sub-s. 10; 11 & 12 Vict. c. 43, s. 33.

being not on the face of it obviously absurd or unreasonable, the jurisdiction of the magistrates is ousted (g).

When a person is charged with any offence (except assault) for which he is liable on summary conviction to imprisonment for more than three months, he may, before the charge is gone into (but not afterwards), claim to be tried by a jury; and thereupon the case will be treated as an indictable offence. Before the charge is gone into, he must be informed of his right of trial by jury, and asked if he desires such a trial. And in the case of a child similar information must be given to the child's parent or guardian, if present; and such parent or guardian has the right of claiming trial by jury (h).

The information that he has a right to be tried by jury must be given to the person charged before the charge is gone into, and if it is not so given and he is convicted by the magistrates, even upon his own confession, the conviction will be quashed (i). If the prisoner elects to be tried by a jury it is not, however, necessary that the indictment should allege that he did so elect (k).

If a defendant does elect to be tried by a jury, and not summarily, he may (subject to the provisions of the Vexatious Indictments Act) be committed for trial and indicted for any offence disclosed by the depositions, although those offences were not charged in the summons (1).

We shall first notice some of the chief offences which have been made the subjects of summary proceedings, and then enquire into the nature of such proceedings.

As in some cases the limit of jurisdiction, and the extent of punishment which can be inflicted by Courts of summary jurisdiction, differ according to the age of the person accused, and in some cases jurisdiction exists only when the accused is under a certain age, it will be convenient to classify offences

(g) Stone's Justices' Manual, p. 1042; Scott v. Baring, [1895] 64 L. J. M. C. 200.

(h) 42 & 43 Vict. c. 49, s. 17.

(i) R. v. Cockshott, [1898] 1 Q. B. 582; 67 L. J. Q. B. 467.

(k) R. v. Chambers, [1896] 65 L. J. M. C. 214.

(1) R. v. Brown, [1895] 1 Q. B. 119; 64 L. J. M. C. 1.

in accordance with these distinctions, and to treat of them in the following order:

1. Offences by children.

2. Offences by young persons as distinguished from children and adults.

3. Offences by adults as distinguished from young persons. 4. Common assaults.

5. Larcenies not indictable.

6. Small wilful injuries to property.

7. Offences relating to game.

It should be observed that the first three of these classes of offences comprise certain indictable offences which can be dealt with summarily on admission of guilt, or by consent of the accused, or in the case of children by consent of their parents or guardians. The remainder chiefly consist of offences which are punishable on summary conviction without the option of trial by jury.

For the purposes of the Summary Jurisdiction Act, 1879, a child is defined to be a person who, in the opinion of the Court before whom he is brought, is above the age of seven years and under the age of fourteen years. A young person is one who, in the opinion of the Court, is over fourteen and under sixteen years of age. And an adult is one who, in the opinion of the Court, is over sixteen years of age (m).

1. Offences by Children.

When a child is charged with any indictable offence, other than homicide, before a Court of summary jurisdiction, such Court may, if they think it expedient, and if the parent or guardian of the child on being informed of the right of trial by jury does not object, deal summarily with the offence, and inflict the same description of punishment as might have been inflicted had the case been tried on indictment; except that no fine shall, in the case of a child, exceed forty shillings; and that whipping (with not more than six strokes of a birch) may be inflicted on a male child either in addition to, or in

(m) 42 & 43 Vict. c. 49, s. 10, sub-s. 5, s. 49; 8 Edw. VII. c. 67, s. 128.

substitution for, any other punishment (n). By the Criminal Justice Administration Act, 1914, it has been also provided that whenever a child is charged before a Court of summary jurisdiction with a felony, and the Court deals with the case summarily, it may inflict a fine not exceeding forty shillings as a punishment (o).

2. Offences by Young Persons.

When a young person between the ages of fourteen and sixteen is charged with any indictable offence other than homicide, such young person may, if he or she consent, and the Court think it expedient, be dealt with summarily, and if found guilty, may be adjudged either to pay a fine not exceeding £10 or to be imprisoned, with or without hard labour, for any term not exceeding three months (p).

3. Offences by Adults.

A. Value not exceeding £20. Trial by consent.—Where an adult is charged before a Court of summary jurisdiction with certain indictable offences, the Court, if they think it expedient to do so, and if the person charged consents, may deal summarily with the offence and may adjudge such person, if found guilty of the offence, to be imprisoned, with or without hard labour, for any term not exceeding three months, or to pay a fine not exceeding £20; or if the value of the property which was the subject of the offence exceeds 40s., to be imprisoned, with or without hard labour, for not more than six months, or to pay a fine not exceeding £50 (r). This applies only to the following offences, and, in cases Nos. 1-7, 9 and 10, only where the value of the whole of the property which is the subject of the offence does not exceed £20:

(n) 42 & 43 Vict. c. 49, ss. 10, 15. As to the punishment of children and young persons, see ante, p. 435.

(0) 4 & 5 Geo. V. c. 58, s. 15, sub-s. 3.

(p) 42 & 43 Vict. c. 49, s. 11; 62 & 63 Vict. c. 22, s. 2; 8 Edw. VII. c. 67, s. 134, Third Schedule. As to the restriction of the imprisonment of young persons, see 8 Edw. VII. c. 67, s. 102, ante, p. 427.

(r) 42 & 43 Vict. c. 49, s. 12; 62 & 63 Vict. c. 22, s. 1; 4 & 5 Geo. V. c. 58, s. 15, sub-s. 1.

1. Simple larceny.

2. Offences punishable by statute as simple larceny (s).

3. Larceny from or stealing from the person.

4. Larceny as a clerk or servant.

5. Embezzlement by a clerk or servant.

6. Receiving stolen goods (including any offence specified in section 33 (1) of the Larceny Act, 1916. v. p. 218). 7. Aiding, abetting, counselling or procuring the commission of any of the offences numbered 1, 2, 3, 4.

8. Attempting to commit any of the offences numbered 1, 2, 3, 4, whatever the value of the property.

9. Obtaining or attempting to obtain money, goods, or valuable securities by false pretences (t).

10. Maliciously setting fire to woods, &c., under section 16 of the Malicious Damage Act, 1861 (v. p. 261). 11. Certain offences committed by habitual drunkards (Inebriates Act, 1898, section 2).

12. Indecent assault upon a male or female under the age of sixteen years (Children Act, 1908, section 128 (2)). For this offence the maximum imprisonment is six

months.

B. Value exceeding £20. Plea Guilty.-When an adult is charged with any of the offences named in the last paragraph, and the value of the property which is the subject of the alleged offence exceeds £20, and as the Court at any time during the hearing of the case become satisfied that there is sufficient evidence to put the person charged on his trial, they may, if they deem it expedient to deal with the case summarily, call on the person to plead, after having first had the charge reduced into writing, and having explained the effect of pleading. If he plead guilty, they shall adjudge the prisoner to be imprisoned, with or without

(s) These are (i) destruction, &c., of valuable securities other than documents of title to land (v. p. 194); (ii) stealing, &c., material of buildings and fixtures, trees and plants (v. pp. 193, 194); (iii.) stealing by a partner or joint owner (v. p. 202); (iv.) stealing, &c., electricity (v. p. 196).

(t) Where a Court of summary jurisdiction deals summarily with this offence under 42 & 43 Vict. c. 49, ss. 11, 12, 13 (v. pp. 455, 457), it must explain to the person charged the nature of a false pretence (62 & 63 Vict. c. 22, s. 3).