The Magistrates Court Act, 1952, and the Costs in Criminal Cases Act, 1952

DOI10.1177/002201835301700108
Published date01 January 1953
Date01 January 1953
Subject MatterArticle
The
Magistrates Court Act, 1952,
AND
The
Costs in Criminal Cases
Act,
1952.
THE large body of law commonly called
the
Summary
.Jurisdiction Acts has now been consolidated in an
Act which will come into operation on
the
1st
June
1953.
No fewer
than
sixty-four
statutes
are affected
by
the
consolidation in addition to a number of
statutory
rules
and
orders.
The first thing
that
strikes
the
reader of
the
new Act
is
the
contrast between
the
language of 1848
and
that
of
1952. Section 1 of
the
Summary Jurisdiction Act, 1848,
contained no less
than
485 words,
and
the
only full-stop
was
at
the
end of
the
section. Section 1 of
the
new Act is
written in clear, unambiguous language, free from clumsy
and
tiresome repetitions
and
is neatly divided into five sub-
sections.
It
is beyond question very much easier
to
read
and
more intelligible
than
its hard-worked forerunner.
The work of consolidation showed
that
the
existing law
contains anumber of contradictory provisions
and
some
inaccuracies. Use was therefore made of
the
powers con-
tained in
the
Consolidation of Enactments (Procedure) Act
1949,
to
effect a number of corrections
and
improvements.
Many
may
think
that
even more improvements should have
been made
(e.g.,
implementation of
the
recommendations of
the
Departmental Committee on Depositions),
but
it
must
be borne in mind
that
substantial changes are
not
possible
under
the
consolidation machinery. The long title to
the
Act describes
it
as " an Act to consolidate certain enact-
ments relating to
the
jurisdiction of,
and
the
practice
and
procedure before magistrates' courts
and
the
functions of
justices' clerks
and
to
matters
connected therewith".
Consolidation was therefore limited
to
the
law relating to
the
matters
set
out
in
the
title.
For
this reason certain
sections of
the
Indictable Offences Act, 1848,
the
Summary
Jurisdiction Acts, 1848,
and
1879,
and
other Acts have
not
been repealed as
they
refer to proceedings or
matters
8S

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