The position in London (excluding the city) is peculiar. Under the Metropolitan Police Courts Act 1839, a number of stipendiary magistrates (commonly known as police magistrates) are ap pointed and sit at 14 police courts. The jurisdiction of the justices for the county of London was not expressly taken away, and in theory they possess a concurrent jurisdiction, but inasmuch as by S. 42 of the Act of 1839 court fees in respect of proceed ings elsewhere than in the police courts were prohibited, a practical obstacle was interposed which has prevented the juris diction being exercised except to a very limited extent. It is not suggested that thereby any public mischief has ensued. Outside London, some 17 stipendiary magistrates are appointed under various statutes for various cities and boroughs.
Offences under the Conspiracy and Protection of Property Act 1875 are to be prosecuted before, and jurisdiction under the Law of Distress Amendment Act 1908 is to be exercised by, a stipendi ary magistrate where there is one.
(i.) When the offence is punishable by imprisonment for more than three months the person charged may claim to be tried by jury: to this there are at least two exceptions : a male person who knowingly lives wholly or in part on the earnings of prostitu tion or who in a public place persistently solicits or importunes for immoral purposes. Punishment : 6 months' hard labour, with• out right to trial by jury (Crim. Law Amend. Act 1912 S. 7 [2]).
(ii.) A like claim to the trial by jury may be asserted under the Explosives Act 1875 S. 92, and the Conspiracy and Protection of Property Act 1875 S. 9.
(iii.) Some offences are triable either Summarily or by indict ment, e.g., assault, some forms of public indecency, cruelty to children and the offences mentioned above under C.L.A. Act 1912.
This statute greatly increases the number of indictable offences triable summarily, and confers wider, though more elastic, powers of punishment than any previous statute. The power to fine, which is particularly appropriate in some cases of dishonesty is not possessed by courts of Quarter Sessions or Assize when dealing with felonies.
(6) Criminal Procedure.—(a) Procuring the Attendance of the Accused: Where the offence is originally indictable, the accused is brought before the court either on arrest without warrant or upon warrant or summons under the Indictable Of fences Act 1848, and the charge cannot proceed in his absence.
In summary cases, unless there has been an arrest by a constable under statutory powers, information is laid before a justice as to the offence, whereupon either a summons or a warrant may be issued. For a summons the information may be oral and unsworn ; for a warrant it must be in writing and upon oath. The information must be laid within six months from the commission of the offence unless a different time is limited by some particular statute (S.J. Act 1848 S. 1) or unless the offence is a continuing one. A warrant is not ordinarily granted in the first instance, except for a serious offence ; but if the sum mons is disobeyed, a warrant may be issued upon proof of service. The practice on this matter varies in different courts and ac cording to circumstances. Personal appearance is not in general necessary. The summons is served by a constable upon the accused either personally or by leaving it at his last or most usual place of abode, and should take place a reasonable time previous to the hearing.
(b) The Hearing: The hearing must take place in open court, and parties may appear by counsel or solicitor. If the accused does not appear and the court determines to proceed, the case must be proved in the ordinary way as if he had appeared. If the informant does not appear the case is dismissed, unless the court thinks proper to adjourn the hearing and to remand the accused either in custody (which would be very unusual) or on recognizance with or without surety. If the accused appears, he is asked to plead; if he pleads guilty, the court proceeds to judgment.