(4.) Where the appellant is in custody the justice may, if he
think fit, on the appellant entering into such recognizance or
giving such other security as aforesaid, release him from
custody; and
(5.) The court of appeal may adjourn the appeal, and upon the
hearing thereof they may confirm, reverse, or modify the
decision of the court of summary jurisdiction, or remit the
matter to the court of summary jurisdiction with the opinion of
the court of appeal thereon, or make such other order in the
matter as the court thinks just, and if the matter be remitted
to the court of summary jurisdiction the said last-mentioned
court shall thereupon re-hear and decide the information in
accordance with the order of the said court of appeal. The
court of appeal may also make such order as to costs to be paid
by either party as the court thinks just.
17. In Scotland, offences against this Act may be prosecuted and
penalties under this Act recovered under the provisions of the Summary
Procedure Act, 1864, or if a person accused of any offence against
this Act in respect of which a penalty of more than five pounds can be
imposed, on appearing before a court of summary jurisdiction, declare
that he objects to being tried for such offence in the court of
summary jurisdiction, proceedings may be taken against him on
indictment in the Court of Justiciary in Edinburgh or on circuit.
Every person found liable in any penalty or costs shall be liable in
default of immediate payment to imprisonment for a term not exceeding
three months, or until such penalty or costs are sooner paid.
18. In Ireland, offences against this Act may be prosecuted and
penalties under this Act recovered in a summary manner, subject and
according to the provisions with respect to the prosecution of
offences, the recovery of penalties, and to appeal of the Petty
Sessions (Ireland) Act, 1851, and any Act amending the same, and in
Dublin of the Acts regulating the powers of justices of the peace or
of the police of Dublin metropolis. All penalties recovered under this
Act shall be applied in manner directed by the Fines (Ireland) Act,
1871, and any Act amending the same.
19. In Ireland, where a person is accused before a court of summary
jurisdiction of any offence against this Act in respect of which a
penalty of more than five pounds can be imposed, the accused may, on
appearing before the court of summary jurisdiction, declare that he
objects to being tried for such offence by a court of summary
jurisdiction, and thereupon the court of summary jurisdiction may deal
with the case in all respects as if the accused were charged with an
indictable offence and not an offence punishable on summary
conviction, and the offence may be prosecuted on indictment
accordingly.
20. In the application of this Act to Ireland the term "the Secretary
of State" shall be construed to mean the Chief Secretary to the Lord
Lieutenant of Ireland for the time being.
Public-domain text, read in full here on John Shaqi.
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