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Summary proceedings for offences, penalties, &c.
27 & 28 Vict. c. 53.
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19. In England and Ireland all offences and penalties under this Act may be prosecuted and recovered in manner directed by the Summary Jurisdiction Acts.
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In England and Ireland summary orders under this Act may be made and enforced on complaint before a court of summary jurisdiction in manner provided by the Summary Jurisdiction Acts.
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Provided as follows:—
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1. The “Court of Summary Jurisdiction,” when hearing and determining an information or complaint, shall be constituted in some one of the following manners; that is to say,
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(A.) In England,
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(1.) In any place within the jurisdiction of a metropolitan police magistrate or other stipendiary magistrate, of such magistrate or his substitute:
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(2.) In the city of London, of the Lord Mayor or any alderman of the said city:
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(3.) In any other place, of two or more justices of the peace sitting in petty sessions.
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(B.) In Ireland,
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(1.) In the police district of Dublin metropolis, of a divisional justice:
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(2.) In any other place of a resident magistrate.
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In Scotland all offences and penalties under this Act shall be prosecuted and recovered by the procurator fiscal of the county in the Sheriff Court, under the provisions of the Summary Procedure Act, 1864.
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In Scotland summary orders under this Act may be made and enforced on complaint in the Sheriff Court.
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All the jurisdictions, powers, and authorities necessary for giving effect to these provisions relating to Scotland are hereby conferred on the sheriffs and their substitutes.
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Provided that in England, Scotland, and Ireland—
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2. The description of any offence under this Act in the words of such Act shall be sufficient in law.
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3. Any exception, exemption, proviso, excuse, or qualification, whether it does or not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information, and if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant or prosecutor.
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