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Summary Jurisdiction Act 1848

The Summary Jurisdiction Act 1848, also known as the Duties of Justices Act 1848 was an act of the Parliament of the United Kingdom that consolidated the provisions of a large number of statutes relating to summary jurisdiction. The act is one of the Jervis's Acts, also known as Summary Jurisdiction Acts, which reformed the local administration of justice in England.

Background
In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book. In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. On 16 March 1824, the Select Committee on the Criminal Law in England was appointed to consider the expediency of consolidating and amending the criminal law. The select committee reported on 2 April 1824, resolving to consolidate the criminal law under several heads and to bring in Bills to do so. In 1827, Peel's Acts were passed to modernise, consolidate and repeal provisions of the criminal law, territorially limited to England and Wales and Scotland, including: • Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27), which repealed for England and Wales over 140 enactments relating to the criminal law. • Criminal Law Act 1827 (7 & 8 Geo. 4. c. 28), which modernised the administration of criminal justice. • Larceny Act 1827 (7 & 8 Geo. 4. c. 29), which consolidated provisions in the law relating to larceny. • Malicious Injuries to Property Act 1827 (7 & 8 Geo. 4. c. 30), which consolidated provisions in the law relating to malicious injuries to property. In 1828, parallel bills for Ireland to Peel's Acts were introduced, becoming: • Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. 54), which repealed for Ireland over 140 enactments relating to the criminal law. • Criminal Law (Ireland) Act 1828 (9 Geo. 4. 54), which modernised the administration of criminal justice. • Larceny (Ireland) Act 1828 (9 Geo. 4. c. 55) which consolidated provisions in the law relating to larceny. • Malicious Injuries to Property (Ireland) Act 1828 (9 Geo. 4. c. 56), which consolidated provisions in the law relating to malicious injuries to property. In 1828, the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 related enactments. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 enactments relating to the Criminal law. By 1848, the institution of justice of the peace in England and Wales had fallen into disrepute in some legal circles and was dealing with a rapidly increasing case load, its statutory basis dating back to the 16th century. The system faced growing criticism, particularly regarding lay magistrates conducting jury trials, as even the quarter sessions chairmen who provided legal direction often lacked substantial legal expertise. This period also saw increasing complexity in regulatory law due to an active, reform-oriented Parliament. In 1848, John Jervis was responsible for sponsoring, drafting and all but single-handedly guiding through the House of Commons three bills to reform the criminal and civil roles of a justice of the peace in England and Wales. == Passage ==
Passage
Leave to bring in the Administration of Justice (No. 2.) Bill was granted to the Attorney General, John Jervis and the Solicitor General, Sir David Dundas, 2nd Baronet, on 3 February 1848. The bill had its first reading in the House of Commons on 3 February 1848, presented by the Attorney General, John Jervis . The amended bill was re-committed to a committee of the whole house, which met on 8 June 1848 and reported on 10 June 1848, with amendments. The bill had its second reading in the House of Lords and was committed to a committee of the whole house, which met on 18 July 1848 and reported on 21 July 1848, with amendments. The amended bill had its third reading in the House of Lords on 24 July 1848 and passed, without amendments. The amended bill was considered and agreed to by the House of Commons on 27 July 1848. == Subsequent developments ==
Subsequent developments
In 1848, Jervis's Acts were passed, becoming: • Indictable Offences Act 1848 (11 & 12 Vict. c. 42) • Summary Jurisdiction Act 1848 (11 & 12 Vict. c. 43) • Justices Protection Act 1848 (11 & 12 Vict. c. 44) The acts were immediately praised for their work reforming the administration of criminal justice in England and were compared favourably in impact to Peel's Acts and Lord Lansdowne's Acts. The act was supplemented by other Summary Jurisdiction Acts, which regulate the procedure before Justices of the Peace with respect to summary convictions and orders, including the Summary Jurisdiction Act 1879 (42 & 43 Vict. c. 49), the Summary Jurisdiction (Process) Act 1881 (44 & 45 Vict. c. 24) and the Summary Jurisdiction Act 1884 (47 & 48 Vict. c. 43). Sections 36, 38 and 39 of the act were repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1875 (38 & 39 Vict. c. 66). The whole act was repealed by section 56(4) of, and part IV of schedule 11 to, the Courts Act 1971. == Provisions ==
Provisions
Repealed enactments Section 36 of the act repealed 8 enactments, listed in that section, effective from 2 October 1848. Section 36 of the act also repealed "all other Act or Acts or Parts of Acts which are inconsistent with the Provisions of this Act save and except so much of the said several Acts as repeal any other Acts or Parts of Acts". and also except as to Proceedings now pending to which the same or any of them are applicable == See also ==
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