Summary Jurisdiction - Statutory Authority

Statutory Authority

As already stated, to enable a justice to deal summarily with an offence, whether created by statute or by-law, some statutory authority must be shown. A very large number of petty offences (contraventions) have been created (e.g. poaching, minor forms of theft, malicious damage and assault), and are annually being created

1. by legislation, or
2. by the by-laws of corporations made under statutory authority, or
3. by departments of state acting under such authority.

The two latter classes differ from the first in the necessity of proving by evidence the existence of the by-law or statutory rule, and if need be that it is intra vises.

In the case of offences primarily punishable only on summary conviction, the accused, if the maximum punishment is imprisonment for over three months, can choose a jury trial (act of 1879, S. 17).

In the case of offences primarily punishable only on indictment, power to convict summarily is given in the following cases:

1. All indictable offences (except homicide) committed by children over seven and under twelve, if the court thinks it expedient and the parent or guardian does not object (1879, s. 10).
2. All indictable offences (except homicide) committed by young persons of twelve and under sixteen, if the young person consents after being told of his right to be tried by a jury (1879, S. II; 1899, s. 2).
3. The indictable offences specified in sched. 1, col. 2 of the act of 1879 and in the act of 1899, if committed by adults, if they consent to summary trial after being told of their right to be tried by a jury (1879, S. I2).
4. The indictable offences specified in sched. 1, col. I. of the act of 1879 and the act of 1899, if committed by an adult who pleads guilty after due caution that if he does so, he is summarily convicted (1879, S. 13).

Adults cannot be summarily dealt with under 3 or 4 if the offence is punishable by law with penal servitude owing to previous conviction or indictment of the accused (1879, s. 14).

With all indictable offences under heads 1 to 4, summary jurisdiction depends on consent of the accused or a person with authority over him after receiving due information as to the right to go to a jury, and the punishments on summary conviction in such cases are not those that could be imposed after conviction or indictment, but were limited as follows:

1. Imprisonment for not more than one month or fine not exceeding 40s. and (or) whipping of male children (not more than six strokes with a birch) ; sending to an industrial school or reformatory.
2. Imprisonment with or without hard labour for not more than three months or fine not exceeding Do and (or) whipping of males (not more than twelve _strokes with a birch) ; sending to an industrial school or reformatory.
3. Imprisonment for not more than three months with or without hard labour or fine not exceeding £20.
4. Imprisonment with or without hard labour for not over six months.

These limitations of punishment have had a potent effect in inducing culprits to avoid the greater risks involved in a jury trial.

Where the offence is indictable the accused is brought before the justices either on arrest without warrant or on warrant or summons under the Indictable Offences Act 1848. and the summary jurisdiction procedure does not apply till the necessary option has been taken.

Where the offence is indictable only at the election of the accused the summary jurisdiction procedure applies until on being informed of his option the accused elects for jury trial (act of 1879, S. 17).