Summary Prosecutions Appeals (Scotland) Act 1875
| Jurisdiction | UK Non-devolved |
Summary Prosecutions Appeals (Scotland) Act, 1875
(38 & 39 Vict.) CHAPTER 62.
An Act to alter and amend the Law relating to Appeals in Summary Prosecutions before Inferior Judges in Scotland.
[11th August 1875]
B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title.
1. This Act may be cited for all purposes as ‘TheSummary Prosecutions Appeals (Scotland) Act, 1875.’
2 Interpretation of terms.
2. In this Act the following terms have the meanings herein assigned to them; that is to say,
‘Inferior judge’ means and includes any sheriff or sheriff substitute, justice or justices of the peace, or magistrate or magistrates:
‘Magistrate’ means a magistrate of any royal burgh, or of any burgh returning or contributing to return a member to Parliament, or of any burgh of regality or barony, and includes any commissioner of police authorised to act as a judge under any general or local Police Act:
‘Cause’ means and includes every proceeding which may be brought under the Summary Procedure Act, 1864, and every other summary proceeding for the prosecution of an offence or recovery of a penalty competent to be taken before an inferior judge:
‘Clerk of court’ means the clerk of the court of an inferior judge, and includes any depute clerk of court or other person authorised to act, and acting for the time as such clerk of court:
‘The respondent’ means and includes any party to a cause other than the party appealing under this Act against the determination thereof by an inferior judge.
3 Inferior judge on application of party aggrieved to state a case for opinion of superior court.
3. On an inferior judge hearing and determining any cause, either party to the cause may, if dissatisfied with the judge's determination as erroneous in point of law, appeal there-against, notwithstanding any provision contained in the Act under which such cause shall have been brought excluding appeals against or review in any manner of way of any determination, judgment, or conviction or complaint under such Act, by himself or his agent applying in writing within three days after such determination to the inferior judge to state and sign a case, setting forth the facts and the grounds of such determination, for the opinion thereon of a superior court of law as herein-after provided; and on any such application being made, the following provisions shall have effect:
1. The appellant shall not be entitled to have a case stated and delivered to him unless within the said three days he shall—
(1) (1.) Lodge in the hands of the clerk of court a bond with sufficient cautioner for answering and abiding by the judgment of the superior court in the appeal and paying the costs should any be awarded by that court, or otherwise, in the discretion of the inferior judge, shall consign in the hands of the clerk of court such sum as may be fixed by the inferior judge to meet the penalty awarded, if any, and the said costs of the superior court;
(2) (2.) Pay the clerk of court his fees for preparing the case:
These fees shall, till the same be otherwise fixed by act of sederunt which the Court of Session is hereby empowered to pass and from time to time thereafter to vary, be those set forth in Schedule D. annexed to this Act:
2. The clerk of court shall, within five days after caution or consignation, and payment being found or made as aforesaid, prepare the case, and submit the same in draft to the parties or their agents:
3. Should the parties or their agents fail to agree as to the terms of the case, the inferior judge shall settle the same:
4. The case shall be as nearly as may be in the form set forth in Schedule A. annexed to this Act, and shall bear to be stated by the inferior judge and shall be signed by the inferior judge:
5. The appellant shall within three days after receiving the case give notice of appeal in writing, together with a copy of the case, to the respondent, and shall within the same time transmit the case by post to, or cause it to be lodged with one of the clerks of the superior court, together with a certificate under the hand of himself or of his law-agent, of intimation, as herein required, having been made to the respondent:
6. The clerk of the superior court shall on receiving the case forthwith lay the same before a judge of the superior court, and such judge may thereupon, if the appellant is in custody, grant interim liberation upon such conditions as are usual in cases of suspension and liberation, and may also grant a sist of execution upon or without caution, or make such other interim order as the justice of the case may require:
7. The clerk of the superior court shall as soon as may be after receiving the case require the clerk of court to transmit the process to him, together with the notes of evidence, if any, taken in the cause, where the procedure therein is under an Act requiring such notes to be taken and preserved, and the clerk of court shall transmit the process accordingly:
8. Any question of law arising upon the facts stated in the case shall thereafter be heard and determined by the superior court to which the case is transmitted at any sitting for which the case shall be enrolled by the direction of the said court, upon the case, without any note of appeal or written pleadings being required:
9. The superior court shall have power to affirm, reverse, or amend the determination in respect of which the case has been stated, or to remit the matter to the inferior judge with the opinion of the court thereon; or to make such other order in relation to the matter and the costs of the appeal as they shall see fit; or to cause the case to be sent back to the inferior judge to be amended in such manner as they shall direct, and thereafter, on the case being amended and returned, to deliver judgment on the case as amended:
10. All orders made...
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