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89-482: The term is also applied to the special powers given by statute or rules to the High Court of Justice and to county courts for dealing with certain classes of causes or matters by methods more simple and expeditious than the ordinary procedure of an action. But the phrase in modern times is applied almost exclusively to forms of jurisdiction exercised by justices of the peace out of general or quarter sessions , and without

178-511: A divisional court —a bench of two or more judges. Exceptionally the court may sit with a jury, but in practice normally only in defamation cases or cases against the police. Litigants are normally represented by counsel but may be represented by solicitors qualified to hold a right of audience, or they may act in person. In principle, the High Court is bound by its own previous decisions, but there are conflicting authorities as to what extent this

267-402: A case stated for the opinion of the High Court under the acts of 1857 and 1879, but are occasionally corrected by the common law remedies of mandamus, prohibition or certiorari. The application of the last-named remedy is restricted by many statutes. The court of appeal has jurisdiction to review judgments and orders of the High Court dealing with appeals, &c., from the decisions of justices in

356-479: A court summons will be issued as for any other offence. A civil summons is most often accompanied by a complaint. Depending on the type of summons, there is often an option to endorse a summons so that the entity being served may be identified. In the court system in California, for civil unlimited cases in the superior court, a summons will often have these options to endorse: One example of an administrative summons

445-468: A field court attendance notice is issued. In the United Kingdom and Hong Kong, law enforcement officials may deal with certain minor offences, such as littering , by issuing a fixed penalty notice , colloquially called an "on-the-spot fine", although legally they are not fines. They allow the recipient to avoid going to court by paying a penalty fixed by statute. If such a notice is ignored or disputed,

534-405: A fine not exceeding 25 for imprisonment. A scale is prescribed for imprisonment on failure to pay money, fines, or costs, adjudged to be paid on a conviction, or in default of a sufficient distress to satisfy the sum adjudged (1879, s. 5). Instead of sending the defendant to prison for not paying fine and costs the court may direct its levy by distress warrant, or may accept payment by instalments. In

623-436: A jury, and the punishments on summary conviction in such cases are not those that could be imposed after conviction or indictment, but were limited as follows: These limitations of punishment have had a potent effect in inducing culprits to avoid the greater risks involved in a jury trial. Where the offence is indictable the accused is brought before the justices either on arrest without warrant or on warrant or summons under

712-459: A jury, unless by the statute creating the offence or some other statute another mode of trial is provided. In one remarkable instance power is given by an act of 1725 ( Frivolous Arrests Act 1725 ( 12 Geo. 1 . c. 29) s. 4) to judges of the superior courts summarily to sentence to transportation (penal servitude) a solicitor practising after conviction of barratry , forgery or perjury ( Stephen , Dig. Crim. Law , 6th ed., 113). In other words all

801-450: A justice of the peace or an inspector of constabulary. An English summons to a defendant or witness, except in respect of civil debts, is served in Scotland after endorsement by a competent magistrate there (Summary Jurisdiction Process Act 1881 ( 44 & 45 Vict. c. 24)). The attendance of a witness who is in prison is obtained by writ of habeas corpus or by a secretary of state's order under

890-781: A large number of statutes, and substituted the procedure of the Summary Jurisdiction Acts. The act of 1899 added the obtaining of property by false pretences to the list of indictable offences that could sub modo be summarily dealt with. The statutes above mentioned form a kind of code as to procedure and to some extent also as to jurisdiction. As already stated, to enable a justice to deal summarily with an offence, whether created by statute or by-law, some statutory authority must be shown. A very large number of petty offences (contraventions) have been created (e.g. poaching, minor forms of theft, malicious damage and assault), and are annually being created The two latter classes differ from

979-533: A particular monetary amount depending on the offence. The accused person has the right to have the matter heard in a court; if found not guilty the accused person pays nothing other than his legal costs (if any); if found guilty the accused person faces the prospect of a conviction for the offence and/or a substantial increase in the fine up to the maximum. For example, proceeding through a red light could go from A$ 353 up to A$ 2,200 if convicted in NSW . For more serious offences,

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1068-415: A petty sessional court, i.e. before two or more justices sitting at their regular place of meeting or some place temporarily appointed as the substitute for the regular court-house, or before a stipendiary magistrate, or in the city of London an alderman, sitting at a place where he may by law do alone what in other places may be done by two justices (1879, s. 20; 1889, s. 13). A single justice sitting alone in

1157-498: A publication now in the public domain :  Craies, William Feilden (1911). " Summary Jurisdiction ". In Chisholm, Hugh (ed.). Encyclopædia Britannica . Vol. 26 (11th ed.). Cambridge University Press. pp. 78–80. High Court of Justice The High Court of Justice in London , known properly as His Majesty's High Court of Justice in England , together with

1246-406: A quasi-criminal character. The orders and convictions of a court of summary jurisdiction are in many cases appealable to quarter sessions. The right to appeal is always dependent on the specific provisions of a statute. The Summary Jurisdiction Act 1879 ( 42 & 43 Vict. c. 49) gives a general power of appeal against an adjudication on conviction (but not on plea of guilty) to imprisonment without

1335-474: A time and place named to answer the charge. It is usual to summon to a petty sessional court (i.e. two justices or a stipendiary magistrate , or, in the City of London , an alderman ). The summons is usually served by a constable. If the accused does not attend in obedience to the summons, after proof of service the court may either issue a warrant for his arrest or may deal with the charge in his absence. Occasionally

1424-428: A warrant is issued in place of a summons in the first instance, in which case the information must be laid in writing and be verified by oath. The proceedings must be begun, i.e. by laying the information, not later than six months after the commission of the offence, unless by some particular statute another period is named or unless the offence is what is called a continuing offence. In a certain number of summary cases

1513-411: Is asked whether he is guilty or not guilty. If he pleads guilty the court may proceed to conviction. If he does not the court hears the case, and witnesses for the prosecution and defence are examined and cross-examined. If the complainant does not appear, the justices may dismiss the complaint or adjourn the hearing. If necessary rebutting evidence may be called, the prosecutor is not allowed to reply in

1602-407: Is authorized to act under, the Summary Jurisdiction Acts, whether in England, Wales or Ireland, and whether acting under the Summary Jurisdiction Acts or any of them or any other act or by virtue of his commission or under the common law" ( Interpretation Act 1889 , s. 13 [11]). This definition does not apply to justices of the peace sitting to hold a preliminary inquiry as to indictable offences, or in

1691-467: Is being summoned. The process by which a summons is served is called service of process . The form and content of service in the federal courts is governed by Rule 4 of the Federal Rules of Civil Procedure , and the rules of many state courts are similar. The federal summons is usually issued by the clerk of the court. In many states, the summons may be issued by an attorney, but some states use filing as

1780-562: Is found in the tax law of the United States. The Internal Revenue Code authorizes the U.S. Internal Revenue Service (IRS) to issue a summons for a taxpayer—or any person having custody of books of account relating to a business of a taxpayer—to appear before the U.S. Secretary of the Treasury or his delegate (generally, this means the IRS employee who issued the summons) at the time and place named in

1869-414: Is given in the following cases: Adults cannot be summarily dealt with under 3 or 4 if the offence is punishable by law with penal servitude owing to previous conviction or indictment of the accused (1879, s. 14). With all indictable offences under heads 1 to 4, summary jurisdiction depends on consent of the accused or a person with authority over him after receiving due information as to the right to go to

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1958-465: Is issued to the accused person on the spot after an offence has been detected. Or by way of a future court attendance notice (future CAN), which replaced the old court issued summons and is served in person by police or sometimes by mail. In all of these cases, the CAN is filed at the court after it has been served. Historically, in early English law, a summons was called an auxilium curiae , although this term

2047-417: Is no longer provided on the claim form itself. The CPR is oddly silent about this, but the claimant is generally expected to concurrently serve Form N1C, Notes to defendant on replying to the claim form, which does warn that the defendant must respond within 14 days of service of particulars of claim. In criminal matters, either a requisition, summons or warrant is issued to initiate criminal proceedings. In

2136-468: Is now obsolete. In England and Wales , the various royal writs traditionally used to commence the forms of action were abolished by the Uniformity of Process Act 1832 ( 2 & 3 Will. 4 . c. 39). They were consolidated into a writ of summons , which like its predecessors, was traditionally issued in the name of the monarch . From 1832 to 1980, a writ of summons in England and Wales began with

2225-604: Is now organised into three divisions: the King's Bench Division, the Chancery Division, and the Family Division. A list of hearings in the High Court's divisions is published daily. The King's Bench Division (KBD) – or Queen's Bench Division when the monarch is female – hears a wide range of common law cases and also has special responsibility as a supervisory court. It includes subdivisions such as

2314-409: Is ordinarily as follows: Information, usually oral, is laid before one or more justices of the peace alleging the commission of the offence. An information must not state more than a single offence, but great latitude is given as to amending at the hearing any defects in the mode of stating an offence. Upon receipt of the information the justice may issue his summons for the attendance of the accused at

2403-445: Is served on a person involved in a legal proceeding. Legal action may be in progress against the person, or the person's presence as witness may be required. In the former case, the summons will typically announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court. In some jurisdictions, it may be drafted in legal English difficult for

2492-688: Is so. Appeal from the High Court in civil matters normally lies to the Court of Appeal, and thence in cases of importance to the Supreme Court (the House of Lords before 2009); in some cases a "leapfrog" appeal may be made directly to the Supreme Court. In criminal matters, appeals from the King's Bench Divisional Court are made directly to the Supreme Court. The High Court is based at the Royal Courts of Justice on

2581-600: The Companies Court ) which deal with patents and registered designs and company law matters respectively. All tax appeals are assigned to the Chancery Division. Until 2005, the Lord Chancellor was the de jure head of the Chancery Division, but appointed a Vice-Chancellor who nominally acted as his deputy. The Constitutional Reform Act 2005 renamed the Vice-Chancellor to Chancellor of the High Court and made him

2670-695: The Court of Appeal and the Crown Court , are the Senior Courts of England and Wales . Its name is abbreviated as EWHC ( England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high-value and high-importance civil law (non- criminal ) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions:

2759-495: The Court of Exchequer , the High Court of Admiralty , the Court of Probate , the Court for Divorce and Matrimonial Causes , and the London Court of Bankruptcy – into a new Supreme Court of Judicature (now known as the Senior Courts of England and Wales ). The new Supreme Court was divided into the Court of Appeal , which exercised appellate jurisdiction , and the High Court, which exercised original jurisdiction . Originally,

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2848-607: The King's Bench Division , the Chancery Division and the Family Division . Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged into the single High Court by the 19th-century Judicature Acts , but are mainly driven by

2937-575: The Republic of Korea , a criminal summons may come from the Korean Prosecution Services or a Court of Law and is a manner to initiate criminal proceedings or call a witness in for questioning. A summons may be served on an individual within Korea or that is abroad. In most U.S. jurisdictions, the service of a summons is in most cases required for the court to have jurisdiction over the party who

3026-465: The Strand in the City of Westminster , London. It has district registries across England and Wales ; almost all High Court proceedings may be issued and heard at a district registry. The High Court of Justice was established in 1875 by the Supreme Court of Judicature Act 1873 . The Act merged eight existing English courts – the Court of Chancery , the Court of King's Bench , the Court of Common Pleas ,

3115-568: The claim form by the Civil Procedure Rules 1999 (CPR). This was part of the CPR's reforms to simplify legal terminology; at the same time, the plaintiff was renamed the claimant . Despite its name, the claim form may but is not required to present the details of the claim itself. The statement of claim (which had already replaced the complaint in England and Wales under the Rules of the Supreme Court )

3204-430: The common law . It replaces the former procedure in common-law countries by which the plaintiff actually had to ask the sheriff to arrest the defendant in order for the court to obtain personal jurisdiction in both criminal and civil actions. A citation , traffic violation ticket , or notice to appear is a type of summons prepared and served at the scene of the occurrence by a law enforcement official, compelling

3293-454: The layman to understand, while several U.S. states expressly require summonses to be drafted in plain English and that they must start with this phrase: "Notice! You have been sued." The summons announces a date by which the person or persons summoned must either appear in court, or respond in writing to the court or the opposing party or parties. The summons is the descendant of the writ of

3382-1016: The Administrative Court, the Commercial Court, the Technology and Construction Court, and the Admiralty Court. Until 2005, the Lord Chief Justice of England and Wales was the head of the Division. The Constitutional Reform Act 2005 created a President of the Queen's Bench Division . The Chancery Division (housed in the Rolls Building ) deals with business law , trusts law, probate law, insolvency, and land law in relation to issues of equity . It has specialist courts (the Patents Court and

3471-544: The Australian state of New South Wales (NSW) the service of a court attendance notice can be issued in a number of ways, the most common of which is by the NSW Police Force when charging someone after an arrest is made, a bail court attendance notice (with bail conditions) or regular court attendance notice is issued. Other methods the police use include via a paper form called a field court attendance notice (field CAN) which

3560-465: The Court Office mentioned below the accompanying Acknowledgement of Service stating therein whether you intend to contest these proceedings." This was followed by a paragraph warning of the risk of entry of default judgment . The writ was no longer witnessed by the Lord Chancellor and in lieu of that simply stated which court office had issued the writ. In 1999, the writ of summons was replaced with

3649-464: The Family Division sit at the Royal Courts of Justice, Strand, London, while District Judges of the Family Division sit at First Avenue House, Holborn, London. The Family Division is comparatively modern. The Judicature Acts first combined the Court of Probate , the Court for Divorce and Matrimonial Causes and the High Court of Admiralty into the then Probate, Divorce and Admiralty Division of

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3738-529: The High Court consisted of five divisions, the King's Bench, Common Pleas, Exchequer, Chancery, and Probate, Divorce and Admiralty divisions. In 1880, the Common Pleas and Exchequer divisions were abolished, leaving three divisions. The Probate, Divorce and Admiralty Division was renamed to the Family Division by the Administration of Justice Act 1970 , and its jurisdiction reorganised accordingly. The High Court

3827-523: The High Court has used seven circuits, listed below, which are identical to the Crown Court regions. The Senior Courts Costs Office, which quantifies legal costs pursuant to orders for costs, serves all divisions. The Costs Office is part of the High Court, so generally all detailed assessment proceedings commenced in the Costs Office are subject to provisional assessment. Exceptions from provisional assessment are detailed assessment proceedings in which

3916-490: The High Court to hear particular cases, and while sitting are addressed as though they were full High Court judges. Trials in London are also conducted by Insolvency and Companies Court Judges and Masters, who have almost identical trial jurisdiction to full High Court judges but who do not hear committals to prison, criminal cases, or judicial review and do not travel 'on circuit' to outlying courts. High Court justices (usually from

4005-482: The High Court, or The Court of Wills, Wives and Wrecks , as it was informally called. That was renamed the Family Division in 1971 when the admiralty and contentious probate business were transferred elsewhere. The Family Division has faced criticism by allowing allegedly abusive partners to cross-examine their former partners; a procedure already banned in criminal procedure. Peter Kyle , MP for Hove , claimed this amounted to "abuse and brutalisation", and called for

4094-477: The Indictable Offences Act 1848. and the summary jurisdiction procedure does not apply till the necessary option has been taken. Where the offence is indictable only at the election of the accused the summary jurisdiction procedure applies until on being informed of his option the accused elects for jury trial (act of 1879, S. 17). In the case of an offence punishable on summary conviction the procedure

4183-461: The King's Bench Division under the names of the Admiralty Court, the Commercial Court, and the Technology and Construction Court, and in the Chancery Division under the lists for business, company and insolvency law, competition, finance, intellectual property, revenue, and trusts and probate. The change was meant to enable judges who have suitable expertise and experience in the specialist business and property jurisdictions to be cross-deployed to sit in

4272-474: The King's Bench Division) also sit in the Crown Court , which try the more significant criminal cases, but High Court Judges only hear the most serious and important cases, with circuit judges and recorders hearing the majority. Historically the ultimate source of all justice in England was the monarch. All judges sit in judgment on the monarch's behalf (hence they have the royal coat of arms displayed behind them) and criminal prosecutions are generally made in

4361-642: The Licensing Act 1902. A warrant of arrest is executed by the constable or person to whom it is directed within the local jurisdiction of the issuing court; or a fresh pursuit within seven miles of its boundaries, without endorsement, in the rest of England and Wales , and in Scotland , the Channel Islands and Isle of Man after endorsement by a competent magistrate of the place where the accused is, and in Ireland by

4450-514: The Prison Act 1898. If a witness does not attend on summons, he can be brought to the court by warrant, and if he will not answer questions lawfully put to him may be sent to prison for seven days or until he sooner consents to answer. In cases where justices have a summary civil jurisdiction, e.g. as to certain civil debts recoverable summarily, or to make orders to do or to abstain from doing certain acts, e.g. with reference to nuisances and building,

4539-791: The Summary Jurisdiction Act 1899 ( 62 & 63 Vict. c. 22). The act of 1848 repealed and consolidated the provisions of a large number of earlier acts. The act of 1857 provided a mode of appeal to the High Court by case stated as to questions of law raised in summary proceedings. The act of 1879 amended the procedure in many details with the view of uniformity, and enlarged the powers of justices to deal summarily with certain classes of offences ordinarily punishable on indictment. The act gives power to make rules regulating details of procedure. The rules in force in 1911 were made in 1886, but have since been amended in certain details. The act of 1884 swept away special forms of procedure contained in

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4628-409: The accused is arrested under statutory authority without application to a justice, e.g. in the case of rogues and vagabonds and certain classes of offences committed in the street in view of a constable or by night. Whether the accused is brought before the court on arrest with or without warrant or attends in obedience to summons, the procedure at the hearing is the same. The hearing is ordinarily before

4717-450: The act on which the conviction is founded. The maximum term of imprisonment without the option of a fine is in most cases six months, but depends on the particular statute. Imprisonment under order of a court of summary jurisdiction is in the common gaol ( 5 Hen. 4 . c. 10), i.e. in a local prison declared by the home secretary to be the common gaol for the county, &c., for which the court acts. The place of imprisonment during remands or in

4806-510: The alphabet. The most important perhaps are those under the Army, Game, Highway, Licensing, Merchant Shipping, Post Office, Public Health, Revenue and Vagrancy Acts. A court of summary jurisdiction is defined in the Interpretation Act 1889 ( 52 & 53 Vict. c. 63) as "any justice or justices of the peace or other magistrate, by whatever name called, to whom jurisdiction is given by, or who

4895-413: The appearance of a defendant before the local magistrate within a certain period of time to answer for a minor traffic infraction , misdemeanor , or other summary offence . Failure to appear within the allotted period of time is a separate crime of failure to appear . In Australia , minor traffic and some summary offences are known as an infringement notice or a fine and can be dealt with by paying

4984-459: The assistance of a jury. Ever since the creation of the office of justice of the peace the tendency of English legislation has been to enable them to deal with minor offences without a jury. Legislation was necessary because, as Blackstone says, except in the case of contempts the common law is a stranger to trial without a jury, and because even when an offence is created by statute the procedure for trying must be by indictment and trial before

5073-557: The boundaries of two jurisdictions or during journeys or on the sea or rivers or in harbours. Proceedings under the Bastardy Acts are regulated by special legislation, but as to proof of service and the enforcement of orders and appeals are assimilated to convictions under the Summary Jurisdiction Acts. The same rule applies (except as to appeals) to orders made under the Summary Jurisdiction (Married Women) Act 1895, as amended by

5162-407: The case of distress the wearing apparel and bedding of the defendant and his family, and to the value of £5 the tools and implements of his trade, may not be taken (act of 1879, s. 21). If the defendant after going to prison can pay part of the money his imprisonment is reduced proportionally ( Prison Act 1898 , s. 9). The imprisonment is without hard labour unless hard labour is specially authorized by

5251-600: The case of the defendant. On the completion of the evidence the court proceeds to convict or acquit. Where the case is proved but is trifling the court may, without proceeding to conviction, make an order dismissing the information subject to payment of damages for injury or compensation for loss up to £10 or any higher limit fixed by statute as to the offence, and costs, or discharging the accused conditionally on his giving security for good behaviour and on paying damages and costs (1907, c. 17, s. 1). To this order probationary conditions may be attached (s. 2). Subject to this provision,

5340-448: The case of youthful offenders may in certain cases be elsewhere than in a prison. The court has power to order costs to be paid by the prosecutor or the defendant. Where the order is made on a conviction it is enforceable by imprisonment in default of payment or sufficient distress. The extent of the local jurisdiction of justices exercising summary jurisdiction is defined by s. 46 of the act of 1879 with reference to offences committed on

5429-401: The case. If the defendant does not appear, the court may hear and determine in his absence, or may issue a warrant and adjourn the hearing until his apprehension. Where the defendant is represented by solicitor or counsel but is not himself present it is usual, except in serious cases, to proceed in his absence. If the defendant is present the substance of the information is stated to him and he

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5518-499: The colour of their formal robes, in contrast to the junior circuit judges who are referred to as purple judges for the same reason. Masters (also judges in the High Court) are addressed as 'Master', regardless of gender, or 'Judge' and they wear dark blue gowns with pink tabs echoing the red of the High Court justices' robes. Within the Chancery Division of the High Court, there are also Insolvency and Companies Court Judges , who hear

5607-503: The continued independence of the judiciary", and both Houses of Parliament have standing orders to similar effect. High Court justices may be removed before their statutory retirement age only by a procedure requiring the approval of both Houses of Parliament. In addition to full High Court justices, other qualified persons such as retired judges, circuit judges from the County Court , and barristers are appointed to sit as deputy judges of

5696-487: The costs claimed are large (greater than £75,000) or in which the potential paying party does not respond to the notice of assessment. Summons A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice ( CAN )) is a legal document issued by a court (a judicial summons ) or by an administrative agency of government (an administrative summons ) for various purposes. A judicial summons

5785-525: The country in set 'circuits', where they hear cases in the 'district registries' of the High Court. The 'main' High Court (in the City of Westminster, London) is not itself a High Court district registry. The High Court previously divided England and Wales into six circuits namely the Midlands, Northern England, North Eastern England, South Eastern England, Wales (including Cheshire ), and Western England. Since 2005,

5874-566: The discharge of their quasi-administrative functions as licensing authority. The expression "Summary Jurisdiction Acts" means, as to England and Wales, the Summary Jurisdiction Act 1848 ( 11 & 12 Vict. c. 42) and Summary Jurisdiction Act 1879 ( 42 & 43 Vict. c. 49) and any act amending these acts or either of them. These acts define the procedure to be followed by justices in those cases in which they are empowered by statute to hear and determine civil or criminal cases without

5963-432: The exercise of their civil jurisdiction; but not when the subject-matter is a criminal cause or matter. In proceedings between husband and wife for separation orders there is a special form of appeal on facts as well as law to the probate, divorce and admiralty division of the High Court (Summary Jurisdiction [Married Women] Act 1895; Licensing Act 1902, s. 5). [REDACTED]   This article incorporates text from

6052-561: The financial markets. The procedure was introduced to enable fast, efficient and high quality dispute resolution of claims related to the financial markets. The formation within the High Court of the Business and Property Courts of England and Wales was announced in March 2017, and launched in London in July 2017. The courts would in future administer the specialist jurisdictions previously administered in

6141-428: The first in the necessity of proving by evidence the existence of the by-law or statutory rule, and if need be that it is intra vires. In the case of offences primarily punishable only on summary conviction, the accused, if the maximum punishment is imprisonment for over three months, can choose a jury trial (act of 1879, s. 17). In the case of offences primarily punishable only on indictment, power to convict summarily

6230-619: The head of the Division. Cases heard before the Chancery Division are reported in the Chancery Division law reports. In practice, there is some overlap of jurisdiction with the KBD. From October 2015, the Chancery Division and the Commercial Court have maintained the Financial List for cases which would benefit from being heard by judges with suitable expertise and experience in the financial markets or which raise issues of general importance to

6319-400: The intervention of a jury or the forms of an action or indictment at law or a suit in equity. Besides these two acts the procedure as to the exercise of summary jurisdiction is also regulated by the Summary Jurisdiction Act 1857 ( 20 & 21 Vict. c. 43), the Summary Jurisdiction (Process) Act 1881 ( 44 & 45 Vict. c. 24), the Summary Jurisdiction Act 1884 ( 47 & 48 Vict. c. 43), and

6408-458: The law provides a criminal penalty of up to one year in prison or a fine, or both, for failure to obey the summons, except that the person summoned may, to the extent applicable, assert a privilege against self incrimination or other evidentiary privileges, if applicable. In the U.S. immigration court system, a "Notice to Appear" is an administrative summons ordering a respondent to appear before an immigration court for removal proceedings . In

6497-568: The majority of High Court insolvency (both personal and corporate) and company law cases and trials, together with some appeals from the County Court. They too wear dark blue gowns with pink tabs and are addressed as 'Judge' in court. Justices of the High Court, Insolvency and Companies Court Judges and Masters are appointed by the King on the recommendation of Judicial Appointments Commission , from qualified lawyers. The Lord Chancellor, and all government ministers, are statutorily required to "uphold

6586-459: The means to commence an action and in those states, the attorney must first file the summons in duplicate before it becomes effective. One or more copies are stamped by the court clerk with the court seal and returned to the attorney, who then uses it to actually serve the defendants. Other jurisdictions may only require that the summons be filed after it is served on the defendants. New York is distinguished by its permissive filing system, in which

6675-418: The monarch was too intimidating for ordinary laypeople. Therefore, as of 1992, a writ of summons simply gave notice, in lieu of the traditional royal command: "This Writ of Summons has been issued against you by the above-named Plaintiff in respect of the claim set out on the back. Within 14 days after the service of this Writ upon you, counting the day of service, you must either satisfy the claim or return to

6764-444: The monarch's name. Historically, local magnates administered justice in manorial courts and other ways. Inevitably, the justice administered was patchy and appeals were made direct to the monarch. The monarch's travelling representatives (whose primary purpose was tax collection) acted on behalf of the monarch to make the administration of justice more even (see Royal justice ) . The tradition continues of judges travelling around

6853-461: The name of the court, case number, the word "Between", and the names of the parties to the case. This was followed by the name and full title of the current monarch, the word "To:", the defendant's name and their city of residence, and then the royal command, starting with the royal we : "WE COMMAND YOU that within 14 days after service of this Writ on you, inclusive of the date of service, you do cause an appearance to be entered for you in an action at

6942-541: The option of a fine, whether as punishment for an offence or for failure to do or abstaining from doing any act, other than compliance with an order to pay money or find security or enter into recognizances or to find sureties (1879, s. 19). The procedure on the appeals is regulated and made uniform by the acts of 1879, ss. 31, 32; and 1884. These provisions are supplementary of the particular provisions of many statutes authorizing an appeal. The decisions of courts of summary jurisdiction on points of law are generally reviewed by

7031-405: The ordinary court-house or two or more justices sitting together at an occasional court-house have certain jurisdiction to hear and determine the case, but cannot order a fine of more than 20s. or imprisonment for more than fourteen days (1879, s. 20 [7]). The hearing must be in open court, and parties may appear by counsel or solicitor . If both parties appear, the justices must hear and determine

7120-504: The parents' consent. In 2002 it made a landmark judgement in the case of Ms B v An NHS Hospital Trust regarding the right of mentally competent patients to withdraw from life-saving treatment. The Family Division exercises jurisdiction to hear all cases relating to children's welfare, and has an exclusive jurisdiction in wardship cases. Its head is the President of the Family Division , currently Sir Andrew McFarlane . High Court Judges of

7209-480: The procedure differs in certain details from that in criminal cases. Proceedings for the enforcement of local rates are not affected by the Summary Jurisdiction Acts except as to the power of submitting to the High Court questions of law arising on a summons to enforce rates (re Allen, 1894, 2 Q.B., 924). The functions of justices as to such rates are sometimes but not quite accurately described as ministerial, for their powers of inquiry though limited are judicial and of

7298-446: The punishment depends, as a general rule on the statute or by-law that defines the offence, and consists in imprisonment and (or) fine, except in cases where a minimum fine is stipulated for by a treaty, &c., with a foreign state, e.g. in sea fishery conventions. The court may mitigate the fine in the case of a first offence, even in a revenue case, or may reduce the period of imprisonment and impose it without hard labour, or substitute

7387-436: The specialist courts, while continuing existing practices for cases that proceed in them. The Family Division deals with personal human matters such as divorce, children, probate and medical treatment . Its decisions are often of great importance only to the parties, but may concern life and death and are perhaps inevitably regarded as controversial. For example, it permitted a hospital to separate conjoined twins without

7476-522: The suit of [plaintiff's name] and take notice that in default of you so doing the Plaintiff may proceed therein, and judgment may be given in your absence". Next came the word "Witness," then the name and title of the Lord Chancellor , and the date on which the writ was issued. The traditional writ language was changed in 1980 at the insistence of Lord Chancellor Hailsham , who felt that a command from

7565-599: The summary jurisdiction of justices of the peace is the creation of statute. The history of the gradual development of the summary jurisdiction of justices of the peace is stated in Stephen's Hist. Crim. Law , vol. i. ch. 4. The result of legislation is that summary jurisdiction has been conferred by statutes and by-laws as to innumerable petty offences of a criminal or quasi-criminal character (most of which in French law would be described as contraventions), ranging through every letter of

7654-400: The summons. The person summoned may be required to produce books, papers, records, or other data, and to give testimony under oath before an IRS employee. The IRS is also empowered to issue the section 7602 summons for the purpose of "inquiring into any offense connected with the administration or enforcement of the internal revenue laws". The summons may be enforced by a court order, and

7743-938: The system to be changed. Liz Truss , when she was Lord Chancellor , announced plans to end this practice, and proposals were contained in Clause 47 of the Prisons and Courts Bill before Parliament was prorogued for the 2017 general election . The High Court only operates within four traditional periods in the year, known as sittings : The Justices of His Majesty's High Court of Justice are informally known as High Court judges , and in judicial matters are formally styled "The Honourable Mr(s) Justice (Forename) Surname", abbreviated in writing to "Surname J". In court, they are properly addressed as My Lord or My Lady . Since by convention they are knighted upon appointment, socially they are addressed as Sir Forename or Dame Forename . High Court judges are sometimes referred to as red judges after

7832-401: The usual nature of their work, for example, conflicting evidence of fact is quite commonly given in person in the King's Bench Division, but evidence by affidavit is more usual in the Chancery Division which is primarily concerned with points of law. Most High Court proceedings are heard by a single judge, but certain kinds of proceedings, especially in the King's Bench Division, are assigned to

7921-412: Was replaced by another document known as particulars of claim . The claim form (Form N1) has space for "brief details of claim" on the first page, and then on the third page, the claimant can either provide particulars of claim or indicate by tick box that they are "to follow" (that is, as a separate document). Unlike the traditional writ of summons, the notice to the defendant about when to respond

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