Summary Jurisdiction Act 1857 (repealed 5.11.1993) (1857 c. 43)

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3] S. 1 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. IV

2—5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4] Ss. 2–5, 9, 13, 14 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

6 Superior Court to determine the questions on the case. Its decisions to be final.

The Court to which a case is transmitted under the Magistrates’ Courts Act 1980 shall hear and determine the question or questions of law arising thereon, and shall thereupon reverse, affirm, or amend the determination in respect of which the case has been stated, or remit the matter to the justice or justices, with the opinion of the Court thereon, or may make such other order in relation to the matter, and may make such orders as to costs, as to the Court may seem fit; and except as provided by the Administration of Justice Act 1960 all such orders shall be final and conclusive on all parties: . . .

[F5] Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(1), Sch. 7 para. 1

[F6] Words inserted by Administration of Justice Act 1960 (c. 65), Sch. 3

[M1] 1960 c. 65.

[F7] Words repealed by Courts and Legal Services Act 1990 (c. 41, SIF 82), s. 125(7), Sch. 20

7 Case may be sent back for amendment.

The Court for the opinion of which a case is stated shall have power, if they think fit, to cause the case to be sent back for amendment; and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended.

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8] S. 8 repealed by S.I. 1965/1776, Sch. 2

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9] Ss. 2–5, 9, 13, 14 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

10 Certiorari not to be required for proceedings under this Act.

No writ of certiorari or other writ shall be required for the removal of any conviction, order, or other determination in relation to which a case is stated under the Magistrates’ Courts Act 1980, or otherwise for obtaining the judgment or determination of the Superior Court on such case under the Magistrates’ Courts Act 1980.

[F10] Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(1), Sch. 7 para. 1

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11] S. 11 repealed by Administration of Justice Act 1965 (c. 2), Sch. 2

12 “Justices” to include a stipendiary magistrate.

The words “justice or justices” in this Act shall include a magistrate of the police courts of the Metropolis and any stipendiary magistrate.

13, 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12] Ss. 2–5, 9, 13, 14 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

15 Extent of Act.

This Act shall not extend to Scotland.

SCHEDULE (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13] Sch. (A) repealed by Criminal Justice Administration Act 1914 (c. 58), Sch. 4