Review: The Magistrates' Courts Act, Rules and Forms
| Published date | 01 July 1953 |
| Date | 01 July 1953 |
| DOI | 10.1177/002201835301700308 |
| Subject Matter | Review |
A LAW
RSFORM
BILL
295
charged before magistrates with stealing amotor vehicle
should be convictable under s. 28 of
the
Road Traffic
Act, 1930.
3. Express power to vary or discharge an order made
by
amagistrates' court under
the
Guardianship of Infants
Act, 1925, s. 6, in a dispute between joint guardians, neither
ofwhom is a parent, does
not
exist.
It
should be conferred.
4~
Inconvenience is often caused
by
the
Ru1e
which
forbids ajuvenile court outside London to consist wholly
of .women.
If
two
female magistrates can send an adu1t
to prison for two years under
the
Finance Act, 1943, s. 12,
is there
any
good reason why they should be forbidden to
adjudicate in a juvenile
court?
In
many of
the
writings
in which complaint is made of the alleged leniency of
juvenile courts,
it
is an old gentleman who pats-the young
delinquent on
the
head and tells him not to be a naughty
boy. .
5. The doubts as to the power to vary and discharge
orders under
the
Maintenance Orders( Facilities for Enforce-
ment) Act, 1920, should be resolved (see 106
f.P.N.
399
and 115
].P.N.
631).
6. Persons found guilty under the Vagrancy Act, 1824,
s. 4 of
the
offences of loitering·with
intent
to commit a
felony or of being found
in
a dwellinghouse, etc., for an
unlawfu1 purpose
wou1d,
if
not
caught, presumably have
proceeded in due course to
the
commission of crimes
punishable with imprisonment for several years. As it is,
imprisonment for three months is their maximum punish-
ment, unless they can be shown to be "incorrigible rogues"
and
then
the
maximum is twelve months' imprisonment.
It
is submitted
that
the
public requires greater protection
against such
people-.
and
perhaps against sexualexhibition-
ists
too-and
that
the punishments imposable under s. 4
shou1d be increased.
Review
THE
MAGISTRATES'
COURTS
ACT,
RULES
AND
FORMS.
Annotated. By
A.
J.
CHISLETT,
B.Sc., Clerk to
the
County Justices, Wallington, Surrey.
London:
Butterworth &Co. (Publishers) Ltd. Price 32s. 6d. net.
It
has
been
the
fashion in recent years for law publishers
to
pay
generous attention to recent legislation by devoting separate books to
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