Procedure
In the case of an offence punishable on summary conviction the procedure is ordinarily as follows:
Information, usually oral, is laid before one or more justices of the peace alleging the commission of the offence. An information must not state more than a single offence, but great latitude is given as to amending at the hearing any defects in the mode of stating an offence. Upon receipt of the information the justice may issue his summons for the attendance of the accused at a time and place named to answer the charge. It is usual to summon to a petty sessional court (i.e. two justices or a stipendiary magistrate, or, in the city of London, an alderman). The summons is usually served by a constable. If the accused does not attend in obedience to the summons, after proof of service the court may either issue a warrant for his arrest or may deal with the charge in his absence.
Occasionally a warrant is issued in place of a summons in the first instance, in which case the information must be laid in writing and be verified by oath. The proceedings must be begun, i.e. by laying the information, not later than six months after the commission of the offence, unless by some particular statute another period is named or unless the offence is what is called a continuing offence.
In a certain number of summary cases the accused is arrested under statutory authority without application to a justice, e.g. in the case of rogues and vagabonds and certain classes of offences committed in the street in view of a constable or by night. Whether the accused is brought before the court on arrest with or without warrant or attends in obedience to summons, the procedure at the hearing is the same. The hearing is ordinarily before a petty sessional court, i.e. before two or more justices sitting at their regular place of meeting or some place temporarily appointed as the substitute for the regular court-house, or before a stipendiary magistrate, or in the city of London an alderman, sitting at a place where he may by law do alone what in other places may be done by two justices (1879, s. 20; 1889, s. 13). A single justice sitting alone in the ordinary court-house or two or more justices sitting together at an occasional court-house have certain jurisdiction to hear and determine the case, but cannot order a fine of more than £201 or imprisonment for more than fourteen days (1879, s. 20 ).
The hearing must be in open court, and parties may appear by counsel or solicitor. If both parties appear, the justices must hear and determine the case. If the defendant does not appear, the court may hear and determine in his absence, or may issue a warrant and adjourn the hearing until his apprehension. Where the defendant is represented by solicitor or counsel but is not himself present it is usual, except in serious cases, to proceed in his absence. If the defendant is present the substance of the information is stated to him and he is asked whether he is guilty or not guilty. If he pleads guilty the court may proceed to conviction. If he does not the court hears the case, and witnesses for the prosecution and defence are examined and cross-examined. If the complainant does not appear, the justices may dismiss the complaint or adjourn the hearing.
If necessary rebutting evidence may be called, the prosecutor is not allowed to reply in the case of the defendant. On the completion of the evidence the court proceeds to convict or acquit. Where the case is proved but is trifling the court may, without proceeding to conviction, make an order dismissing the information subject to payment of damages for injury or compensation for loss up to fio or any higher limit fixed by statute as to the offence, and costs, or discharging the accused conditionally on his giving security for good behaviour and on paying damages and costs (1907, c. 17, s. I ). To this order probationary conditions may be attached (s. 2). Subject to this provision, the punishment depends, as a general rule on the statute or by-law that defines the offence, and consists in imprisonment and (or) fine, except in cases where a minimum fine is stipulated for by a treaty, &c., with a foreign state, e.g. in sea fishery conventions. The court may mitigate the fine in the case of a first offence, even in a revenue case, or may reduce the period of imprisonment and impose it without hard labour, or substitute a fine not exceeding 25 for imprisonment. A scale is prescribed for imprisonment on failure to pay money, fines, or costs, adjudged to be paid on a conviction, or in default of a sufficient distress to satisfy the sum adjudged (1879, s. 5). Instead of sending the defendant to prison for not paying fine and costs the court may direct its levy by distress warrant, or may accept payment by instaiments. In the case of distress the wearing apparel and bedding of the defendant and his family, and to the value of 15 the tools and implements of his trade, may not be taken (act of 1879, s. 21). If the defendant after going to prison can pay part of the money his imprisonment is reduced proportionally (Prison Act 1898, s. 9). The imprisonment is without hard labour unless hard labour is specially authorized by the act on which the conviction is founded. The maximum term of imprisonment without the option of a fine is in most cases six months, but depends on the particular statute. Imprisonment under order of a court of summary jurisdiction is in the common gaol (5 Hen. IV. c. so), i.e. in a local prison declared by the home secretary to be the common gaol for the county, &c., for which the court acts. The place of imprisonment during remands or in the case of youthful offenders may in certain cases be elsewhere than in a prison.
The court has power to order costs to be paid by the prosecutor or the defendant. Where the order is made on a conviction it is enforceable by imprisonment in default of payment or sufficient distress.
The extent of the local jurisdiction of justices exercising summary jurisdiction is defined by s. 46 of the act of 1879 with reference to offences committed on the boundaries of two jurisdictions or during journeys or on the sea or rivers or in harbours.
Proceedings under the Bastardy Acts are regulated by special legislation, but as to proof of service and the enforcement of orders and appeals are assimilated to convictions under the Summary Jurisdiction Acts. The same rule applies (except as to appeals) to orders made under the Summary Jurisdiction (Married Women) Act 1895, as amended by the Licensing Act 1902.
A warrant of arrest is executed by the constable or person to whom it is directed within the local jurisdiction of the issuing court; or a fresh pursuit within seven miles of its boundaries, with-out endorsement, in the rest of England and Wales, and in Scotland, the Channel Islands and Isle of Man after endorsement by a competent magistrate of the place where the accused is, and in Ireland by a justice of the peace or an inspector of constabulary. An English summons to a defendant or witness, except in respect of civil debts, is served in Scotland after endorsement by a competent magistrate there (Summary Jurisdiction Process Act 1881, 44 and 45 Viet. C. 24). The attendance of a witness who is in prison is obtained by writ of habeas corpus or by a secretary of state's order under the Prison Act 1898. If a witness does not attend on summons, he can be brought to the court by warrant, and if he will not answer questions lawfully put to him may be sent to prison for seven days or until he sooner consents to answer.
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