Summary Procedure (in Scotland) Act 1864
| Jurisdiction | UK Non-devolved |
| Citation | 1864 c. 53 |
(27 & 28 Vict.) C A P. LIII.
[25th July 1864]
'WHEREAS by an Act passed in the Ninth Yearof the Reign of KingGeorge the Fourth, intituled An Act to authorize additional Circuit Courts of Justiciary to be held, and to facilitate Criminal Trials, in Scotland, Provision was made for the summary Prosecution of Offences before Sheriffs of Counties in certain Cases; which Act was amended by an Act passed in the Eleventh Year of the Reign of King George the Fourth and the First Year of the Reign of King William the Fourth, intituled An Act to amend an Act of the Ninth Yearof His late Majesty King George the Fourth, to facilitate Criminal Trials in Scotland, and to abridge the Period now required between the pronouncing of Sentence and Execution thereof, in Cases importing a Capital Punishment: And whereas by an Act passed in the Nineteenth and Twentieth Year of the Reign of Her present Majesty, intituled An Act for amending the Procedure before Magistrates and Justices of Peace in Scotland, the Provisionsof the recited Acts with respect to summary Prosecutions were in certain Cases made applicable to Prosecutions before Justices of the Peace inScotland: And whereas by an Act passed in the Seventh Year of the Reign of King William the Fourth and the First Year of the Reign of Her present Majesty, intituledAn Act for the more effectual Recovery of Small Debts in the Sheriff Courts, and for regulating the Establishment of Circuit Courts for the Trial of Small Debt Causes by the Sheriffs in Scotland, Provision was made for the Recovery of statutory Penalties by way of Action in the Sheriff Court in certain Cases: And whereas it is expedient to make further and more effectual Provision for the Trial of Offences punishable on summary Conviction, and for the summary Recovery of Penalties in the Inferior Courts in Scotland :' Be 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 Procedure Act, 1864.’
2 Interpretation of Terms.
2. The following Words in this Act shall have the Meanings hereby assigned to them, unless such Meanings shall be excluded by the Subject or Context:
‘Act of Parliament’ and ‘Act’ shall mean any Public General or Local and Personal Act of Parliament now in force or hereafter to be passed:
‘Court’ shall mean any Sheriff Court or Burgh Court, or any Court of Justices of the Peace for any County or City inScotland , whether in Quarter or Petty Sessions, any Police Court having Jurisdiction, or any Sheriff, Magistrate of any Burgh, or Justice or Justices of the Peace for any County or City in Scotland , exercising Jurisdiction, under the Authority of any Act of Parliament, in any Matter which may lawfully be brought before him or them in the Manner provided by this Act:
‘Judge’ shall mean any Sheriff, or any Magistrate of any Burgh, or any Justice of the Peace, whether acting alone or in conjunction with any other Justice or Justices of the Peace for the same County or City inScotland :
‘Magistrate’ shall mean any Magistrate of any Burgh inScotland having Jurisdiction:
‘Sheriff’ shall include Sheriff Substitute:
‘Justice’ shall mean any of Her Majesty's Justices of the Peace for any County or City inScotland acting within such County or City:
‘Clerk of Court’ shall include Depute Clerk or other Person acting as such:
‘Witness’ shall include Haver:
‘Oath’ shall include Affirmation in Cases where Affirmations may lawfully be taken in place of Oaths:
‘Penalty’ shall mean any Sum of Money which may, under the Authority of any Act of Parliament, be recoverable from any Person in respect of the Contravention of any statutory Requirement or Prohibition, and also any Sum which may, under the Provisions of any Act of Parliament, be recoverable as a Penalty or Forfeiture, whether such Sum shall be payable to the Party complaining, prosecuting, or suing for the same, or shall be payable in whole or in part to any other Person, or be applicable to any other Use, and whether the Amount thereof is fixed by such statutory Provision, or is so fixed subject to a Power to modify or mitigate, or is in the Nature of a Penalty not exceeding a certain Sum, to be awarded by the Court or Judge who may, take cognizance thereof:
‘Administrators of Police’ shall mean any Commissioners, Town Council, or other Body having the Charge or Management of the Police of a Town under the Powers created by any Act of Parliament.
3 Application of the Act.
3. The Provisions of this Act may be applied to—
(1) (1.) All Proceedings before any Sheriff, Justices or Justice, or Magistrate in Scotland in virtue of the summary Jurisdiction conferred upon them, or any of them, in relation to the Trial of Offences and Recovery of Penalties, by the recited Acts, or any of them:
(2) (2.) All Proceedings to be taken before any Sheriff, Justices or Justice, or Magistrate in Scotland for the Prosecution of any Person who has committed, or is charged with having committed, any Offence or Act for which, under the Provisions of any Act of Parliament, he is liable, upon summary Conviction before any Sheriff, Magistrate, Justices or Justice, to be imprisoned or fined, or otherwise punished, or to be ordered to do or perform any Act, and to be imprisoned in default of Performance:
(3) (3.) All Proceedings for the Recovery of any Penalty, or Sum of Money in the Nature of a Penalty, which, under the Provisions of any Act of Parliament, may be recovered by summary Complaint or Information, or by Poinding or Distress and Sale, or other summary Process or Diligence of the like Nature, before any Sheriff, Justices or Justice, or Magistrate:
(4) (4.) All Proceedings for the Trial or Prosecution for any Offence, or for the Recovery of any Penalty, under any Act of Parliament by which it shall be provided that Offences committed in contravention thereof or Penalties thereby imposed shall be prosecuted or recovered under the Provisions of this Act.
4 Proceedings to be instituted by Complaint as in Schedule.
4. All Proceedings for summary Conviction for any Offence, whether at Common Law or under any Act of Parliament, and all Proceedings for the Recovery of any Penalty which may be sued for or recovered in a summary Form, whether such Proceedings are at the Instance of a public or private Prosecutor or Complainer, may be instituted by way of Complaint in one or other of the Forms set forth in the Schedule (A.) to this Act annexed; and it shall not be necessary to mention in any Complaint any Act of Parliament other than the Act declaring the Offence for which a Conviction is sought, or imposing the Penalty or Forfeiture which is claimed; and it shall be sufficient to refer to the Act or Section of the Act founded on, without setting forth the Enactment in Words at Length; and where it is necessary that any such Complaint should be made upon Oath of the Complainer, or of a credible Witness, such Oath may be in the Form of Schedule (B.) to this Act annexed; and all Penalties for the Recovery of which inScotland no special Provision has been made by Act of Parliament may be sued for by the Procurator Fiscal of the Jurisdiction.
5 No Objection to be allowed to Complaint in point of Form &c.
5. No Objection shall be allowed by the Court to any Complaint under this Act for any alleged Defect therein in Substance or in Form, or for any Variance between any such Complaint and the Evidence adduced on the Part of the Prosecutor or Complainer at the Hearing thereof, not changing the Character of the Offence charged; butif any such Objection or Variance shall appear to the Court to be such that the Respondent has been thereby deceived or misled, it shall be lawful for the Court to adjourn the Hearing to some future Day, and at the same Time, or at any Stage of the Proceedings, to direct such Amendment to be made upon the Complaint as may appear to be requisite, not changing the Character of the Offence, and such Amendment shall be authenticated by the Signature or Initials of the Judge or Clerk of Court.
6 Respondent may be cited to appear or apprehended on a Warrant.
6. On such Complaint being laid before the Court it shall be lawful for the Court to grant Warrant to cite the Respondent, by delivering a Copy of the Complaint with Warrant of Citation to him personally, or, if he cannot on Search be found personally, leaving such Copy at his usual Place of Abode, to appear before the Court on Induci of not less than Forty-eight Hours, or (where Apprehension is competent) to grant a Warrant for the Apprehension and interim Detention of the Respondent: Provided that where the Complaint shall pray for a Warrant of Apprehension, the Court may in its Discretion grant, in place of such Warrant, a Warrant for the Citation of the Respondent as aforesaid; and it shall be lawful to annex to such Warrant of Citation or Apprehension a Warrant to cite Witnesses and Havers for both Parties, and also (where such Procedure is otherwise competent) a Warrant to search for, seize, remove, and secure all Goods, Documents, or other Articles mentioned or referred to in the Complaint.
7 Court may proceed in absence of Respondent in certain Cases, or issue a Warrant for his...
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