Summary Jurisdiction (Process) Act 1881

1881 CHAPTER 24 44 and 45 Vict

An Act to amend the Law respecting the Service of Process of Courts of Summary Jurisdiction in England and Scotland.

[18th July 1881]

Modifications etc. (not altering text)

C1 Act excluded (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 4(2), 6(9)

C2 Act excluded by S.I. 2003/425, art. 12C (as inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 3)

C3 Act excluded (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), art. 4(2) (with art. 4(1))

C4 Act excluded (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), art. 14(2) (with art. 14(1))

C5 Act excluded (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), art. 8(2) (with art. 8(1))

C6 Act excluded (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), art. 12(2) (with art. 12(1))

Commencement Information

I1 Act wholly in force at Royal Assent

1 Short title. E+W+S

This Act may be cited as the Summary Jurisdiction (Process) Act 1881.

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

2 Extent of Act. E+W+S

This Act shall not apply to Ireland.

F2 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F2 S. 3 repealed by Statute Law Revision Act 1894 (c. 56)

4 Service of process of English court in Scotland and of Scotch court in England. E+W+S

Subject to the provisions of this Act, any process issued under the Summary Jurisdiction Acts may, if issued by a court of summary jurisdiction in England and endorsed by a court of summary jurisdiction in Scotland, or issued by a court of summary jurisdiction in Scotland and endorsed by a court of summary jurisdiction in England, be served and executed within the jurisdiction of the endorsing court in like manner as it may be served and executed in the jurisdiction of the issuing court, and that by an officer either of the issuing or of the endorsing court.

For the purposes of this Act—

(1) Any process may be issued and endorsed under the hand of any such person as is declared by this Act to be a court of summary jurisdiction, and may be endorsed upon proof alone of the handwriting of the person issuing it, and such proof may be either on oath or by such solemn declaration as is mentioned in section forty-one of the M1 Summary Jurisdiction Act 1879 or by any like declaration taken in Scotland before a sheriff, justice of the peace, or other magistrate having the authority of a justice of the peace. Such indorsement may be in the form contained in the schedule to this Act annexed, or in a form to the like effect:

(2) Where any process requiring the appearance of a person to answer any information or complaint has been served in pursuance of this section, the court, before issuing a warrant for the apprehension of such person for failure so to appear, shall be satisfied on oath that there is sufficient prima facie evidence in support of such information or complaint.

(3) If the process is to procure the attendance of a witness, the court issuing the process shall be satisfied on oath of the probability that the evidence of such witness will be material, and that the witness will not appear voluntarily without such process, and the witness shall not be subject to any liability for not obeying the process, unless a reasonable amount for his expenses has been paid or tendered to him:

(4) This Act shall not apply to any process requiring the appearance of a person to answer a complaint if issued by an English court of summary jurisdiction for the recovery of a sum of money which is a civil debt within the meaning of the M2 Summary Jurisdiction Act 1879 or if issued by a Scotch court in a case which falls within the definition of “civil jurisdiction” contained in the M3 Summary Procedure Act 1864.

Modifications etc. (not altering text)

C7 S. 4 extended by Criminal Justice Act 1972 (c. 71), ss. 51(3)(4), 66(7)(a) and Powers of Criminal Courts Act 1973 (c. 62), s. 53; excluded by Maintenance Orders Act 1950 (c. 37), s. 15(5)

C8 S. 4 extended (prosp.) by 1999 c. 23, ss. 13, 68(3), Sch. 1 Pt. 1 para. 3(4) (with Sch. 7 para. 5(2)) (which amendment was repealed (25.8.2000) by 2000 c. 6, s. 165, Sch. 12 Pt. I)

S. 4 applied (25.8.2000) by 2000 c. 6, ss. 159, 168(1)

S. 4 applied (1.8.2001) by 1984 c. 60, s. 9(2A) (as inserted (1.8.2001) by 2001 c. 16, s. 86(1); S.I. 2001/2223, art. 3(e))

C9 S. 4 applied (26.1.2004 for certain purposes, otherwise 4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 302, 336(3); S.I. 2003/3282, art. 2, Sch.; S.I. 2005/950, art. 2(1) (subject to art. 2(2), Sch. 2) (as amended: (29.7.2005) by S.I. 2005/2122, art. 2; (14.2.2007) by S.I. 2007/391, art. 2; (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1; (9.3.2009) by S.I. 2009/616, arts. 2, 3; and (30.11.2009) by S.I. 2009/3111, arts. 2, 3)

C10 S. 4 modified (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 194, 336, Sch. 13 para. 22; S.I. 2005/950, art. 2(1), Sch. 1 paras. 9, 35 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122; S.I. 2007/391; 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2009/616 and S.I. 2009/3111)

C11 S. 4 applied by 1995 c. 39, s. 23L(1) (as inserted (1.12.2007) by Finance Act 2007 (c. 11), s. 85, Sch. 23 para. 3); S.I. 2007/3166, art. 3(b)

C12 S. 4 applied (with modifications) (prosp.) by Criminal Justice Act 2003 (c. 44), ss. 188, 336(3), Sch. 11 para. 24

C13 S. 4 applied by 1997 c. 43, Sch. 1 para. 19A (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 7 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C14 S. 4 applied (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 17 para. 40 (with Sch. 27); S.I. 2020/1236, reg. 2

C15 S. 4 applied (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 396, 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C16 S. 4 applied (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 56(2), 208(1); S.I. 2022/520, reg. 5(h)

Marginal Citations

M1 1879 c. 49.

M2 1879 c. 49.

M3 1864 c. 53.

5 Provision as to execution of process. E+W+S

Where a person is apprehended under any process executed in pursuance of this Act, such person shall be forthwith taken to some place within the jurisdiction of the court issuing the process, and be there dealt with as if he had been there apprehended.

A warrant of distress[F3 or warrant of control] issued in England when endorsed in pursuance of this Act shall be executed in Scotland as if it were a Scotch warrant of poinding and sale, and a Scotch warrant of poinding and sale when endorsed in pursuance of this Act shall be executed in England as if it were an English warrant of distress, and the enactments relating to the said warrants respectively shall apply accordingly, except that any account of the costs and charges in connexion with the execution, or of the money levied thereby or otherwise relating to the execution, shall be made, and any money raised by the execution shall be dealt with in like manner as if the warrant had been executed within the jurisdiction of the court issuing the warrant.

Textual Amendments

F3 Words in s. 5 inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 15 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F4 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F4 S. 6 repealed by Maintenance Orders Act 1950 (c. 37), s. 30(1) and repealed as it applies to the Isle of Man by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I Gp. 1

7 Saving. E+W+S

This Act shall be in addition to and not in derogation of any power existing under any other Act relating to the execution of any warrant or other process in England and Scotland respectively.

8 Definitions. E+W+S

In this Act, unless the context otherwise requires,—

• The expression “process” includes any summons or warrant of citation to appear either to answer any information or complaint, or as a witness; also any warrant of commitment, any warrant of imprisonment, any warrant of distress,[F5 any warrant of control,] any warrant of poinding and sale, also any order or minute of a court of summary jurisdiction or copy of such order or minute, also an extract decree, and any other document or process, other than a warrant of arrestment, required for any purpose connected with a court of summary jurisdiction to be served or executed.

• The expression “sheriff” shall include sheriff substitute.

• The expression “court of summary jurisdiction” means any justice of the peace, also any officer or other magistrate having the authority in England or Scotland of a justice of the peace, also in Scotland the sheriff.

• The expression “officer of a court of summary jurisdiction” means the constable, officer, or person to whom any process issued by the court is directed, or who is by law required or authorised to serve or execute any process issued by the court.

Textual Amendments

F5 Words in s. 8 inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 16 (with s. 89); S.I. 2014/768, art. 2(1)(b)

Modifications etc. (not altering text)

C17 References to sheriff and sheriff substitute to be construed as references to sheriff principal and sheriff respectively: Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

Section 4.

SCHEDULE E+W+S Indorsement in backing a Process

Whereas proof hath this day been made before me, one of Her Majesty’s justices of the peace [sheriff or other magistrate] for the [county or burgh] of, that the name of A.B. to the within warrant [or summons or order or minute, or copy of order or minute or other document] subscribed is of the handwriting of the justice of the peace [sheriff or other magistrate] within mentioned, I do therefore hereby authorise C.D. who bringeth to me this warrant [or summons or order or minute, or copy of order or minute or other document,] and all other persons by whom the same may be lawfully served [or executed], and also all constables and other peace officers of the said [county or burgh] of to serve and execute the same within the said last-mentioned [county or burgh].

Given under my hand this day of 18 .