Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935

1935 CHAPTER 13

An Act to amend the law relating to the powers and duties of justices of the peace in general or quarter sessions and petty sessions and out of sessions; to assign the exercise and performance of certain of those powers and duties to resident magistrates exclusively; to make further provision with respect to petty sessions districts and the appointment of clerks of petty sessions; to amend the law relating to the powers and procedure of courts of summary jurisdiction in criminal and civil matters, and appeals from such courts; and to provide for purposes connected with the matters aforesaid.

[16th July 1935]

Part I s. 1 rep. by 1959 c. 25 (NI)

S. 2 rep. by 1964 c. 21 (NI)

S. 3 rep. by 1953 c. 3 (NI); 1958 c. 9 (NI); 1961 c. 15 (NI); 1964 c. 21 (NI)

Ss. 4, 5 rep. by 1964 c. 21 (NI)

S. 6 rep. in pt. by 1954 c. 9 (NI); 1960 c. 2 (NI); 1964 c. 21 (NI); residue spent

Ss. 7, 8 rep. by 1964 c. 21 (NI)

Part II (ss. 9‐11) rep. by SLR (NI) 1952; 1954 c. 9 (NI); SLR (NI) 1954; 1964 c. 21 (NI)

Part III (ss. 12‐14) rep. by 1945 c. 15 (NI); 1950 c. 5 (NI); 1968 c. 28 (NI)

Part IV (ss. 15‐20) rep. by 1953 c. 3 (NI); 1964 c. 21 (NI)

Part V (ss. 21‐23) rep. by SLR (NI) 1952; 1953 c. 3 (NI)

Part VI (ss. 24,25) rep. by 1953 c. 3 (NI); SLR (NI) 1954; 1959 c. 25 (NI); 1964 c. 21 (NI)

Part VII (ss. 26‐31) rep. by SLR (NI) 1954; 1964 c. 3 (NI)

PART VIII N.I. SUMMONSES AND WARRANTS

S. 32 rep. by 1964 c. 21 (NI)

33 Proof by affidavit of service of summons, handwriting, etc. N.I.

F1 Without prejudice to any other mode of proof, service on a person of any summons, notice, process or document required or authorised to be served, and the handwriting and seal of any resident magistrate, justice of the peace or other officer or person on any warrant, summons, notice, process or document, may be proved by affidavit …F2 . Any affidavit purporting to be made and attested in the prescribed form shall be received in evidence and shall be deemed to be duly made and attested until the contrary is shown.

F1 1964 c.21 (NI)

F2 1953 c. 3 (NI)

S. 34 rep. by 1964 c. 21 (NI)

S. 35 rep. by 1953 c. 3 (NI); 1964 c. 21 (NI)

S. 36 rep. by 1964 c. 21 (NI)

Part IX (ss. 37‐41) rep. by 1958 c. 9 (NI); 1964 c. 21 (NI)

PART X N.I. AMENDMENTS AS TO PROCEDURE AND POWERS OF COURT

F3 42 Abolition of town courts. N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 S. 42 repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 43, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Ss. 43‐56 rep. by 1945 c. 14 (NI); 1945 c. 15 (NI); 1950 c. 7 (NI); SLR (NI) 1952; 1953 c. 3 (NI); 1954 c. 9 (NI); 1964 c. 21 (NI); 1975 c. 62

PART XI N.I. AMENDMENTS AS TO OFFENCES, ETC.

57 Amendment of s.4 of the Vagrancy Act. N.I.

Subs. (1) (rep. in pt. by 1968 c. 28 (NI); 1985 NI 11) substitutes s. 4 of 1824 c. 83

(2) It shall be lawful for any person to apprehend a person who is found offending against section four of the Vagrancy Act, 1824 [1824 c.83] , as amended by this section, and forthwith to bring him before a court of summary jurisdiction [F4 or] resident magistrate…F5 to be dealt with in manner provided by the said section or to deliver such person to a police constable or other peace officer of the place where he was apprehended to be so brought as aforesaid.

F4 1953 c. 3 (NI)

F5 1953 c. 3 (NI)

S. 58(1) rep. by 1976 NI 13; subs. (2) amends s. 10 of 1851 c. 92

S. 59 rep. by SLR (NI) 1952; 1968 c. 28 (NI)

60 Amendment of s.43 of the Offences against the Person Act. N.I.

Subs. (1) rep. by 1953 c. 14 (NI)

(2) The fine to which any person shall be liable on conviction for an offence under section forty-three of the Offences against the Person Act, 1861 [1861 c.100] (which imposes a penalty on persons committing an aggravated assault) shall, instead of being a fine not exceeding, together with costs, the sum of twenty pounds, be a fine not exceeding the sum of fifty pounds, and the offender shall, in addition, be liable to pay any costs which the court may order him to pay.

PART XII N.I. SUPPLEMENTAL

S. 61 rep. by 1954 c. 33 (NI); SLR 1973; SLR 1976

Ss. 62, 63 rep. by SLR (NI) 1952

S. 64 rep. by SLR (NI) 1952; SLR 1976

65 Short title, construction and citation. N.I.

(1) This Act may be cited as the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935.

(2) This Act shall be construed as one with the Summary Jurisdiction (Ireland) Acts, and those Acts and this Act may be cited together as the Summary Jurisdiction Acts (Northern Ireland).

Subs. (3) spent

N.I.

First Schedule rep. by 1953 c. 3 (NI)

Second Schedule rep. by SLR 1973

Third, Fourth Schedules rep. by 1953 c. 3 (NI)

Fifth Schedule rep. by SLR (NI) 1952