Review: Paley on Summary Convictions
| Published date | 01 October 1953 |
| DOI | 10.1177/0032258X5302600412 |
| Date | 01 October 1953 |
| Subject Matter | Review |
318
THE
POLICE
JOURNAL
The defendant contended
that
having given his name
and
address
and
particulars of the car in accordance with the requirements
of
s.22(1) there was no obligation on him under s.22(2) to report the
accident to the police at any time. But the justices were
of
the opinion
that
the intention
of
section 22 was that all accidents involving damage
or injury to any person, vehicle or animal, must, in any case, be
reported within twenty-four hours of its occurrence, otherwise persons
guilty of serious driving offences could, by merely exchanging names
and
addresses, escape the consequences of prosecution unless infor-
mation regarding accidents came to the knowledge of the police
from other sources,
and
they therefore considered
that
he was under
an obligation to report the accident within twenty-four hours
of
its
occurrence, and they convicted him
of
the offence charged.
On appeal, however, the Divisional
Court
allowed the appeal with
costs, holding that the magistrates' interpretation
of
section 22(2)
was incorrect
and
that an obligation to report under that subsection
arose only when section 22( I) had not been complied with, the Lord
Chief Justice commenting,
"It
is not worth delivering a judgment
because
the
case is so clear".
Reviews
PALEY
ON
SUMMARY
CONVICTIONS.
By Edward Hughes and A. C. L. Morrison,
C.B.E. 10th Edition. Sweet and Maxwell, Ltd. £3 15s. Od. net.
This is a book beyond the pocket of the average police officer, but certainly
one that should be in every police library. The first edition appeared in 1814 when
summary jurisdiction was just beginning to assume some significance. Since
that
date numerous statutes have enlarged the scope of the subject, culminating last
year with the Magistrates' Courts Act, 1952, which consolidated all the earlier
law into one Act.
That
Act and the Rules implementing it are fully set
out
in this
new edition, with annotations
and
references to explain all difficult points.
Of
particular interest to police will be the paragraphs dealing with the service
of
summonses, the execution
of
warrants of arrest, the issue of search warrants,
and the laying of informations. There is also much useful information on the
protection of constables and their indemnity against costs. The criminal statistics
show that some 98 %of all convictions are obtained in magistrates' courts
and
although primarily this book is for magistrates and their clerks, it should be available
to all police officers.
PROCEDURE,
PENALTIES
AND
ORDERS
IN
MAGISTRATES'
COURTS.
By G. V. Adams.
Shaw and Sons Ltd., London. Price not stated.
It
is
not
often
that
one can recommend for the use
of
police officers a book
written specially for Justices of the Peace. This, however, is such a book.
In accessible form is set
out
a vast
amount
of knowledge of magisterial law,
which cannot fail to be
of
assistance to Police. Maximum penalties, Juvenile
Courts, search warrants, witnesses
expenses-these
are only a few of the headings.
Mr. Adams has produced an original work which we anticipate will run through
many editions. A novel cut-index makes reference very simple, and as a
handbook
for officers who are frequently at court this cannot be bettered.
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