Parliamentary Bills
| Published date | 01 April 1957 |
| Date | 01 April 1957 |
| DOI | 10.1177/002201835702100207 |
| Subject Matter | Article |
Parliamen
tary Bills
AParliamentary Bill does not always reach the Statute Book. Bills
are frequently amended before becoming Acts of Parliament.
This
section should be read accordingly.
MAGISTRATES'
COURTS
BILL,
1957
THIS short Bill is of singular importance as it will have a
considerable effect on the procedure for the trial of the
majority of summary offences.
It
is sought to implement the
recommendations of
the
Departmental Committee on the
Summary
Trial
of
Minor
Offences which advocated the
saving of Police time by pleas of guilty being made
'in
absentia'
and
the consequent proceedings taking place without
the personal appearance of
the
prosecutor.
The
new procedure is applicable to all summary cases
except those which are also triable on indictment or those in
which a
term
of imprisonment exceeding three months can be
imposed.
Before
the
new procedure can be used
the
defendant
must
be served (together with
the
summons) with astatement
of
the
facts alleged by the prosecution
and
anotice (in a form
to be prescribed by Rule) of the effect of
the
procedure
envisaged by
the
Bill.
The
Clerk of the
Court
must
be notified
by
the
prosecutor
that
the
defendant has been so served.
If
thereafter
the
defendant or his Solicitor writes to
the
Court
stating
that
he pleads guilty
and
does not wish to appear,
the
Clerk of the
Court
so informs the prosecutor.
On
proof
of service of
the
summons, the notice
and
the statement of
the
prosecution's case,
the
Court
is enabled to deal
with
the
case
under
the
new procedure.
The
Court
is to consider
the
statement of facts of the
prosecution
and
the
notification from the defendant
and
then
decide whether or not to dispose of
the
case in the same
manner as if
both
parties
had
appeared
and
the accused had
pleaded guilty.
If
the
Court
decided
not
so to hear
the
case
it adjourns
and
the
case is subsequently dealt with as if no
notification had been received from the defendant.
160
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