indictable offences; and first it should be mentioned that CHAP. in this Act a court of summary jurisdiction means any jus- XXXVII. tice or justices of the peace, or other magistrate, by whatever name called, to whom jurisdiction is given by or who is or are authorized to act under the Summary Jurisdiction Acts (a) or any of them. 66 trial of Sect. 10. (1.) Where a child (b) is charged before a court Summary of summary jurisdiction (a) with any indictable offence other children than homicide, the court, if they think it expedient so to do, for indictand if the parent or guardian of the child so charged, when able ofinformed by the court of his right to have the child tried fences, by a jury, does not object to the child being dealt with objected to by summarily, may deal summarily with the offence, and inflict the, same description of punishment as might have been in- guardian. flicted had the case been tried on indictment: Provided that (a.) A sentence of penal servitude shall not be passed, but imprisonment shall be substituted therefor; and (b.) Where imprisonment is awarded, the term shall not in any case exceed one month; and (c.) Where a fine is awarded, the amount shall not in any case exceed 40s.; and (d.) When the child is a male the court may, either in addition to or instead of any other punishment, adjudge the child to be, as soon as practicable, privately whipped with not more than six strokes of a birch rod by a constable, in the presence of an inspector or other officer of police of higher rank than a constable, and also in the presence, if he desires to be present, of the parent or guardian of the child. sum (2.) For the purpose of a proceeding under this section, the court of summary jurisdiction, at any time during the hearing of the case at which they become satisfied by the evidence that it is expedient to deal with the case marily, shall cause the charge to be reduced into writing and read to the parent or guardian of the child, and then address a question to such parent or guardian to the following effect: Do you desire the child to be tried by a jury, and object to the case being dealt with summarily?" with a statement, if the court think such statement desirable for the information of such parent or guardian, of the meaning of the case being dealt with summarily, and of the assizes 66 (a) See post, p. 310, meaning of this expression. parent or PART VIII or sessions (as the case may be) at which the child will be tried if tried by a jury. Summary trial with consent (3.) Where the parent or guardian of a child is not present when the child is charged with an indictable offence before a court of summary jurisdiction, the court may, if they think it just so to do, remand the child for the purpose of causing notice to be served on such parent or guardian, with a view, so far as is practicable, of securing his attendance at the hearing of the charge, or the court may, if they think it expedient so to do, deal with the case summarily. (4) This section shall not prejudice the right of a court of summary jurisdiction to send a child to a reformatory or industrial school. (5.) This section shall not render punishable for an offence any child who is not, in the opinion of the court before whom he is charged, above the age of 7 years and of sufficient capacity to commit crime." (See ante, p. 7.) Forms of conviction, &c., under this section will be found in the Appendix. Sect. 11 "(1.) Where a young person (a) is charged before a court of summary jurisdiction with any indictable offence specified in the first column of the First Schedule (b) to this of young Act, the court, if they think it expedient so to do, having juvenile regard to the character and antecedents of the person charged, offenders). the nature of the offence, and all the circumstances of the persons case, and if the young person charged with the offence, when informed by the court of his right to be tried by a jury, consents to be dealt with summarily, may deal summarily with the offence, and in their discretion adjudge such person, if found guilty of the offence, either to pay a fine not exceeding £10, or to be imprisoned, with or without hard labour, for any term not exceeding 3 months; and if the young person is a male, and, in the opinion of the court, under the age of 14 years, the court, if they think it expedient so to do, may, either in substitution for or in addition to any other punishment under this Act, adjudge such young person to be, as soon as practicable, privately whipped with not more than 12 strokes of a birch rod by a constable, in the presence of an inspector or other officer of police of higher rank than a constable, and also in the presence, if he desires to be present, of the parent or guardian of such young person. (a) This means a person who, in the opinion of the court before whom he is brought is of the age of 12 years and under the age of 16, ee sect. 49, post, p. 309. (b) See this schedule, post, p. 311. CHAP. (2.) For the purpose of a proceeding under this section, the court, at any time during the hearing of the case at which XXXVII. they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the young person charged, and then address a question to him to the following effect: Do you desire to be tried by a jury, or do you consent to the case being dealt with summarily?' with a statement, if the court think such statement desirable for the information of the young person to whom the question is addressed, of the meaning of the case being dealt with summarily, and of the assizes or sessions (as the case may be) at which he will be tried if tried by a jury. (3.) This section shall not prejudice the right of a court of summary jurisdiction to send a young person to a reformatory or an industrial school." Forms applicable to this section will be found in the Appendix. trial with consent Sect. 12. "Where a person who is an adult (c) is charged Summary before a court of summary jurisdiction with any indictable offence specified in the second column of the First Schedule (d) of adult. to this Act, the court, if they think it expedient so to do, having regard to the character and antecedents of the person charged, the nature of the offence, and all the circumstances of the case, and if the person charged with the offence, when informed by the court of his right to be tried by a jury, consents to be dealt with summarily, may deal summarily with the offence, and adjudge such person, if found guilty of the (c) As to the meaning of adult, see post, p. 309. (d) See this schedule, post, p. 311. By the Newspaper Libel and Registration Act, 1881, 44 & 45 Vict. Summary c. 60, s. 5, "if a court of summary jurisdiction, upon the hearing of a conviction charge against a proprietor, publisher, editor, or any person responsible for libel for the publication of a newspaper, for a libel published therein, is of against -opinion that though the person charged is shown to have been guilty proprietor the libel was of a trivial character, and that the offence may be of newsadequately punished by virtue of the powers of this section, the court paper. shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect: "Do you desire to be tried by a jury, or do you consent to the case being dealt with summarily ?" aud, it such person assents to the case being dealt with summarily, the court may summarily convict him and adjudge him to pay a fire not exceeding £50. Sect. 27 of the Summary Jurisdiction Act, 1879, shall, so far as is consistent with the tenor thereof, apply to every such proceeding as if it were herein enacted and extended to Ireland, and as if the Summary Jurisdiction Acts were therein referred to instead of the Summary Jurisdiction Act, 1848." PART VIII offence, to be imprisoned, with or without hard labour, for any term not exceeding 3 months, or to pay a fine not exceeding £20. Summary conviction on plea of guilty of adult. For the purpose of a proceeding under this section, the court, at any time during the hearing of the case at which they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect: "Do you desire to be tried by a jury, or do you consent to the case being dealt with summarily ?" with a statement, if the court think such statement desirable for the information of the person to whom the question is addressed, of the meaning of the case being dealt with summarily, and of the assizes or sessions (as the case may be) at which he will be tried if tried by a jury." A form of a summary conviction under this section will be found in the Appendix. Sect. 13 "(1.) Where a person who is an adult (a) is charged before a court of summary jurisdiction with an indictable offence which is specified in the first column of the First Schedule (b) to this Act, and is not comprised in the second column of that schedule, and the court at any time during the hearing of the case become satisfied that the evidence is sufficient to put the person charged on his trial for the said offence, and further are satisfied (either after such a remand as is provided by this Act or otherwise) that the case is one which, having regard to the character and antecedents of the person charged, the nature of the offence, and all the circumstances of the case, may properly be dealt with sum-marily, and may be adequately punished by virtue of the powers of this Act, then the court shall cause the charge to be reduced into writing and read to the person charged, and shall then ask him whether he is guilty or not of the charge; and if such person says that he is guilty, the court shall thereupon cause a plea of guilty to be entered, and adjudge him to be imprisoned, with or without hard labour, for any term not exceeding 6 months. (2.) The court, before asking, in pursuance of this section, the person charged whether he is guilty or not, shall explain to him that he is not obliged to plead or answer, and that if he pleads guilty he will be dealt with summarily, and that if he does not plead or answer, or pleads not guilty, he will be (a) As to the meaning of this expression, see post, p. 309. dealt with in the usual course; with a statement, if the court CHAP. thinks such statement desirable for the information of the XXXVII. person to whom the question is addressed, of the meaning of the case being dealt with summarily or in the usual course, and of the assizes or sessions (as the case may be) at which such person will be tried if tried by a jury. The court shall further state to such person to the effect that he is not obliged to say anything unless he desires to do so, but that whatever he says will be taken down in writing, and may be given in evidence against him upon his trial, and shall give him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then says may be given in evidence against him upon his trial, notwithstanding such promise or threat. (3.) If the prisoner does not plead guilty, whatever he says in answer shall be taken down in writing and read over to him, and signed by a justice constituting or forming part of the court, and kept with the depositions of the witnesses, and transmitted with them in manner required by law, and afterwards upon the trial of the prisoner may, if necessary, be given in evidence against him without further proof thereof, unless it is proved that the justice purporting to have signed the same did not in fact sign the same.' A form of conviction under this section will be found in the Appendix. Sect. 14. "Where a person who is an adult (c) is charged Restricbefore a court of summary jurisdiction with any indictable tion on summary offence specified in the First Schedule (d) to this Act, and it dealing appears to the court that the offence is one which, owing to with adult. a previous conviction on indictment of the person so charged, is punishable by law with penal servitude, the court shall not deal with the case summarily in pursuance of this Act." tion of Sect. 45. "Where a person is charged with an indictable Local offence mentioned in the First Schedule (d) to this Act before jurisdic a court of summary jurisdiction for any county, borough or court place, and the court have jurisdiction to commit such person under this for trial in such county, borough or place, although the offence Act. was not committed therein, such court shall also have jurisdiction to deal with the offence summarily in pursuance of this Act." (c) As to the meaning of adult, see post, p. 309. (d) See this schedule, post, p. 311. |