their satisfaction substantiated by oath or affirmation (g). This warrant must state shortly the matter of the information, must be under the hand and seal of the justices issuing it, and be directed to the constable in whose hands it remains in force until executed. It may be executed by apprehending the accused at any place within the jurisdiction of the issuing justice, or out of such jurisdiction on being indorsed or backed by a magistrate of the jurisdiction in which the defendant is (r). A second course may be pursued if the summons, having been duly served, is not obeyed. The justices may proceed ex parte to the hearing of the information, and may adjudicate thereon, as fully and effectually as if the party had personally appeared in obedience to the summons (s). To secure the attendance of witnesses for the prosecution and for the accused they may be served with a summons to attend and give evidence or to produce any documents or articles likely to be material evidence on the hearing, and, if this is disobeyed, they may be arrested on a warrant. Or, if the justice is satisfied on oath or affirmation that the witness will not attend to give evidence unless compelled, a warrant to secure such attendance may be issued in the first instance. If the witness attends but refuses to be sworn, or, without just excuse, to answer questions, he may be committed to prison for seven days (t). The hearing must take place before two or more justices, unless any statute expressly authorises hearing before one justice (u). No case can be heard, tried, determined, or adjudged by a Court of summary jurisdiction except when sitting in open Court. "Open Court " means either a petty sessional Courthouse, that is, a place where Special or Petty Sessions are usually held, or an occasional Court-house, that is, a police (q) Ibid. s. 2. (t) Ibid. s. 7; 42 & 43 Vict. c. 49, s. 36; 4 & 5 Geo. V. c. 58, s. 29. (u) 42 & 43 Vict. c. 49, s. 20, sub-s. 9; by 4 & 5 Geo. V. c. 58, s. 38, one justice may deal with certain charges of drunkenness. station or other place appointed by the petty sessions as a place to be used as an occasional Court-house (w). Petty Sessional Court.-Two or more justices sitting in a petty sessional Court-house, or the Lord Mayor, or any of the Aldermen of the City of London, or any police or stipendiary magistrate, sitting in a Court-house where he has the usual power of two justices, constitute "a petty sessional Court," and no fine of more than twenty shillings, and no imprisonment for more than fourteen days, can be given by a Court of summary jurisdiction other than a petty sessional Court (x). Indictable offences can be dealt with summarily under the Summary Jurisdiction Act, 1879, only by a petty sessional Court sitting on a day publicly appointed for hearing indictable offences. A case may be adjourned by a Court of summary jurisdiction which is not a petty sessional Court to the next practicable sitting of a petty sessional Court (y). The accused may make full defence, give evidence himself, and call witnesses, and either party may be represented by counsel or attorney or may in person conduct his own case (z). A policeman is not allowed to be an advocate in the proceedings of which he has charge (a). But if he is named in the summons as informant in a case under the summary jurisdiction of the Court he will be entitled, although a police officer, to conduct the case as prosecutor, though the practice is not one which is encouraged (b). If the defendant fails to appear, the justices may either proceed to hear and determine or may adjourn. If the defendant appears and the prosecutor does not, the magistrates will generally dismiss the complaint or they may adjourn the hearing (c). (w) 42 & 43 Vict. c. 49, s. 20, sub-ss. 1, 2, 4, 5; Interpretation Act, 1889, s. 13. (x) 42 & 43 Vict. c. 49, s. 20, sub-s. 7. (y) 42 & 43 Vict. c. 49, s. 20, sub-ss. 8, 11. (z) 11 & 12 Vict. c. 43, s. 12. In an indictable case the prosecutor has no right to conduct the prosecution in person. (a) Webb v. Catchlove, [1886] 50 J. P. 795; 82 L. T. 103. (b) Duncan v. Toms, [1887] 56 L. J. M. C. 81. (c) 11 & 12 Vict. c. 43, s. 13. Juvenile Courts.-A Court of summary jurisdiction, when hearing charges against children or young persons under the age of sixteen, must, unless the defendant is charged jointly with an adult, sit in a different building or room from that in which the ordinary sittings of the Court are held, or on different days or at different times from those of the ordinary sittings, and the Court is then styled a juvenile Court. In such a Court no persons other than the members and officers of the Court, the parties, their solicitors and counsel, other persons directly concerned in the case and representatives of a newspaper or news agency are, without the leave of the Court, allowed to be present (d). And no child may be present during the trial of any person charged with an offence (e). If both the parties appear, the following are the proceedings. The substance of the information is read to the defendant, and he is asked if he has any cause to show why he should not be convicted. If he admits the truth of the information, the justices proceed to convict and pass judgment (f). If he does not admit the truth of the charge, the magistrates hear the prosecutor, and such witnesses as he may examine, and afterwards the defendant (who may in every case give evidence on oath (g)) and his witnesses. The prosecutor will then be allowed to call evidence in reply, if the defendant has examined any witnesses or given any evidence other than to his general character; but the prosecutor is not entitled to make any observations in reply upon the evidence given by the defendant, nor the defendant to make any observations in reply upon the evidence given by the prosecutor in reply (h). The magistrates then consider the whole matter, and determine the same by convicting the defendant or dismissing the information. If there are more (d) 8 Edw. VII. c. 67, s. 111. (e) Ibid. s. 115. (f) 11 & 12 Vict. c. 43, s. 14. (g) 61 & 62 Vict. c. 36, s. 1; v. p. 365. (h) 11 & 12 Vict. c. 43, s. 15. By leave of the Court the defendant or his representative may postpone his speech until after his witnesses have been called. If the only witness for the defence is the person charged he must be called immediately after the close of the evidence for the prosecution and before his representative addresses the Court (61 & 62 Vict. c. 36, s. 2; v. p. 367). magistrates than one, the result is determined by the opinion. of the majority; if they are equally divided, and come to no decision, there may be an adjournment for a re-hearing before a re-constituted Court (i), or they may dismiss the information, in which case the dismissal is a bar to a second information on the same subject-matter (k). If they convict, they make a memorandum thereof, and the conviction being drawn up in the proper form is lodged with the clerk of the peace, to be filed among the records of the General Quarter Sessions. If the information is dismissed, the magistrates must, if required, give a certificate of the order of dismissal to the defendant, and this will be a bar to a subsequent information or complaint for the same matter against the same person (1). The judgment consists of two parts, namely, the adjudication of conviction and the sentence or award of punishment. This punishment may be either fine or imprisonment, or both, according to the direction of the statute under which the offence falls, which statute also defines the limits of the punishment (m). Sometimes satisfaction by the wrongdoer to the person injured may be ordered without the infliction of any other punishment (n). Again, as we have seen (o), the Court, although the offence is proved, may exercise the powers given by the Probation of Offenders Act, 1907, and may either dismiss the information or discharge the offender, conditionally upon his entering into a recognisance as provided by the Act, and subject in either case to any order as to payment of damages or compensation not exceeding £10. Again, where a person is summarily convicted of any offence for which the Court has power to impose imprisonment for (i) Bagg v. Colquhoun, [1904] 1 K. B. 554. (k) See Kinnis v. Graves, [1898] 67 L. J. Q. B. 583. (1) 11 & 12 Vict. c. 43, s. 14. (m) Whenever a Court of summary jurisdiction has power under any Act other than the Summary Jurisdiction Act, 1879, to impose imprisonment for an offence punishable on summary conviction, it may, although not given authority by the particular Act, impose a fine not exceeding £20 instead of imprisonment (42 & 43 Vict. c. 49, s. 4). (n) 24 & 25 Vict. c. 96, s. 108; c. 97, s. 66. (0) v. p. 423. C.L. 30 one month or more without the option of a fine, and (a) the offender is not less than sixteen nor more than twenty-one years of age; and (b) has been previously convicted or, having been previously discharged, has failed to observe a condition of his recognisance; and (c) by reason of his criminal tendencies or association with persons of bad character it is expedient that he should be subject to detention under instruction and discipline, the Court, instead of passing sentence, may commit him to prison until the next Quarter Sessions and the Court of Quarter Sessions may pass a sentence of detention in a Borstal institution (p). Imprisonment.-No person can be sentenced by a Court of summary jurisdiction for less than five days. But a person may be ordered to be detained in police custody for not more than four days (q); and the Court, instead of passing a sentence of imprisonment, may direct that the offender be detained within the precincts of the Court or at any policestation until any hour not later than eight in the evening on the day on which he is convicted (r). Where imprisonment without the option of a fine is imposed it may in any case be with or without hard labour; but when imprisonment is imposed in respect of the nonpayment of a sum ordered to be paid it must be without hard labour (s). Enforcement of fines. The payment of fines may be enforced by distress (and in default of sufficient distress by imprisonment (†)) or by imprisonment in the first instance (u). (p) 4 & 5 Geo. V. c. 58, s. 10. (q) 4 & 5 Geo. V. c. 58, s. 13. (r) Ibid. s. 12. (s) Ibid. s. 16. (t) 11 & 12 Vict. c. 43, ss. 21, 22. The procedure on distress is regulated by 42 & 43 Vict. c. 49, s. 43. The wearing apparel and bedding of the person convicted and his family and the tools and implements of his trade to the value of £5 are privileged from distress, ibid. s. 21, sub-s. 2. (u) 11 & 12 Vict. c. 43, s. 19; 42 & 43 Vict. c. 49, s. 21; 4 & 5 Geo. V. c. 58, 8. 25. The periods of imprisonment authorised in default of payment of a fine, or in default of distress, are as follows: Where the fine does not exceed 10s.. not more than seven days; where it is between 10s. and £1, not more than fourteen days; where between £1 and £5, not more than one month; where between £5 and £20, not more than two months; where it exceeds £20, not |