Europe -- Politics and government; Political science
*180. Powers of the Justices.*--At one time the functions of the
justices of the peace were administrative as well as judicial, but by
the Local Government Act of 1888 functions of an administrative nature
were transferred all but completely to the newly created county
councils,[248] and the justices to-day are judicial officials almost
exclusively. Their judicial labors may be performed under three
conditions, namely, by justices acting singly, by two or more justices
meeting in petty sessions, and by the whole body of justices of the
county assembled in quarter sessions. The powers of a justice acting
alone are those largely of the ordinary police magistrate. He may
order the arrest of offenders; he conducts preliminary examinations
and releases the accused or commits them for indictment by a grand
jury; and he hears cases involving unimportant breaches of the law and
imposes small penalties. The justices sitting by twos in petty
sessions exercise an extensive summary jurisdiction over offenses
specified minutely by the law.[249] They sit without a jury, but
appeal can be carried, as a rule, to the justices at quarter sessions
and even, on questions of law, to the High Court. Four times a year
all of the justices of the county, or such of them as care to be
present, meet in quarter sessions. The jurisdiction here exercised is
in part appellate and in part original. The court tries, without a
jury, all cases appealed from petty sessions, and it tries, with a (p. 173)
jury, and after indictment by a grand jury, all cases involving
offenses not of a minor nature, save that the most serious offenses,
punishable in most instances with death or life imprisonment, are
reserved for trial in the assizes, i.e., by judges from Westminster
travelling on circuit. By means of the writs of _mandamus_ and
_certiorari_ the actual proceedings of quarter sessions are controlled
not infrequently by the superior courts.[250]
[Footnote 248: See p. 183.]
[Footnote 249: Chiefly by the Summary Jurisdiction
Act of 1879.]
[Footnote 250: Medley, Manual of English
Constitutional History, 392-400. An excellent
monograph is C. A. Beard, The Office of Justice of
the Peace in England, in _Columbia University
Studies in History, Economics, and Public Law_,
XX., No. 1. (New York, 1904).]
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