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Summary Jurisdiction Act 1989


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Summary Jurisdiction Act 1989

c i e
AT 15 of 1989

SUMMARY JURISDICTION ACT 1989

Summary Jurisdiction Act 1989 Index


c AT 15 of 1989 Page 3

c i e
SUMMARY JURISDICTION ACT 1989

Index Section Page

PART I – PRELIMINARY 9

1 Appointment and powers of High Bailiffs .................................................................. 9
2 [Repealed] ...................................................................................................................... 10
3 Holding of courts .......................................................................................................... 10
PART II – CRIMINAL JURISDICTION AND PROCEDURE 10

Commencement of proceedings 10

3A Allocation and transfer of proceedings ..................................................................... 10
4 Issue of summons or warrant ..................................................................................... 11
Committal proceedings 12

5 Inquiry by court ............................................................................................................ 12
6 Discharge or committal for trial.................................................................................. 12
7 Restrictions on reports of committal proceedings ................................................... 14
Summary trial of complaint 16

8 Procedure on trial ......................................................................................................... 16
9 Adjournment of trial .................................................................................................... 16
10 Non-appearance of accused: general provisions ...................................................... 17
11 Non-appearance of accused: plea of guilty ............................................................... 17
12 Non-appearance of accused: issue of warrant .......................................................... 19
13 Proceedings invalid where accused did not know of them .................................... 19
14 Non-appearance of prosecutor ................................................................................... 20
15 Non-appearance of both parties ................................................................................. 20
Summary trial of offences triable on information 20

15A Initial procedure: accused to indicate intention as to plea..................................... 20
15B Intention as to plea: absence of accused .................................................................... 21
15C Intention as to plea: adjournment............................................................................... 22
16 Summary trial of offences listed in Schedule 2 ......................................................... 22
17 Committal for sentence ................................................................................................ 23
18 Summary trial of offences triable either way ............................................................ 25
19 Summary trial of child or young person ................................................................... 25
Index Summary Jurisdiction Act 1989


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20 Effect of conviction or dismissal ................................................................................ 26
Right to claim trial by jury 26

21 Right to claim trial by jury for certain summary offences ...................................... 26
Remand for reports 27

22 Remand for social inquiry reports ............................................................................. 27
23 Remand for medical reports ....................................................................................... 27
Powers in respect of offenders 28

24 Consecutive terms of imprisonment ......................................................................... 28
25 Mitigation of penalties, etc .......................................................................................... 29
26 Fixing amount of fine ................................................................................................... 29
27 Restriction on fines on children and young persons ............................................... 29
27A Mentally disordered persons ...................................................................................... 30
Costs 30

28 Power to award costs in trial or committal proceedings ........................................ 30
29 Power to award costs out of Government funds ..................................................... 30
Miscellaneous 32

30 Prosecutions .................................................................................................................. 32
31 Offences relating to criminal damage ....................................................................... 32
32 Corporations ................................................................................................................. 32
33 Power of court of summary jurisdiction to re-open cases to rectify
sentencing etc, mistakes .............................................................................................. 33
33A Power of court of summary jurisdiction to re-open cases to rectify
mistaken conviction ..................................................................................................... 34
34 Disposal of property in possession of police etc ...................................................... 35
35 Return of property taken from accused .................................................................... 35
36 [Repealed] ...................................................................................................................... 36
36A Alternative verdicts ...................................................................................................... 36
PART III – JUVENILE COURTS 37

37 Constitution of juvenile courts ................................................................................... 37
38 Assignment of certain matters to juvenile courts .................................................... 37
39 Procedure in juvenile courts ....................................................................................... 38
40 Miscellaneous powers of juvenile courts .................................................................. 38
41 [Repealed] ...................................................................................................................... 39
PART IV – CIVIL JURISDICTION AND PROCEDURE 39

42 Application of Part IV .................................................................................................. 39
43 Hearing .......................................................................................................................... 39
44 Non-appearance of defendant .................................................................................... 40
45 Non-appearance of complainant ................................................................................ 41
46 Non-appearance of both parties ................................................................................. 41
47 Costs ............................................................................................................................... 41
Summary Jurisdiction Act 1989 Index


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PART V – DOMESTIC PROCEEDINGS 42

Domestic proceedings 42

48 Meaning of “domestic proceedings” ......................................................................... 42
49 Composition of courts for domestic proceedings .................................................... 43
50 Sittings of courts for domestic proceedings .............................................................. 43
51 Restrictions on reports of domestic proceedings ..................................................... 44
52 Report by probation officer on parties’ means ......................................................... 45
53 Examination of witnesses by court ............................................................................. 46
Orders in domestic proceedings 46

54 Periodical payment through Chief Registrar ............................................................ 46
55 Revocation etc of periodical payments orders.......................................................... 47
56 Periodical payments due under more than one order............................................. 47
57 Payments to be made to a minor etc .......................................................................... 47
58 Power to remit arrears.................................................................................................. 48
PART VI – WITNESSES AND EVIDENCE 48

Witnesses 48

59 Attendance of witnesses .............................................................................................. 48
60 Protection from civil arrest .......................................................................................... 50
61 Binding over of witnesses ............................................................................................ 50
Evidence: general 51

62 Evidence on oath ........................................................................................................... 51
62A Confessions by mentally handicapped persons ....................................................... 51
63 Note of evidence ........................................................................................................... 51
64 Proof of non-payment of fine etc ................................................................................ 51
65 Statement of wages to be evidence ............................................................................. 52
66 Onus of proving exceptions etc .................................................................................. 52
67 Proof of convictions ...................................................................................................... 52
68 Deposition of dying person ......................................................................................... 53
69 Certificate of conviction or order ................................................................................ 53
Committal proceedings 54

70 Evidence at inquiry ....................................................................................................... 54
71 Written statements: further provisions ...................................................................... 55
72 Evidence of children ..................................................................................................... 56
False statements 57

73 False statements in certificates etc .............................................................................. 57
PART VII – PROCEDURE- GENERAL PROVISIONS 57

Appearances 57

74 Appearance by an advocate ........................................................................................ 57
Limitation of time 57

75 Limitation of time ......................................................................................................... 57
Forms of proceedings 58

Index Summary Jurisdiction Act 1989


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76 Forms of complaint etc ................................................................................................ 58
77 Defect in process ........................................................................................................... 59
78 Order books ................................................................................................................... 59
79 Copies of proceedings ................................................................................................. 59
Summonses and warrants 60

80 Service of process ......................................................................................................... 60
81 Backing of warrant issued in UK or Channel Islands ............................................. 61
82 Validity of warrants ..................................................................................................... 61
83 Warrant endorsed for bail ........................................................................................... 62
Remand 62

84 Remand in custody or on bail ..................................................................................... 62
84A Remands in custody for more than eight days ........................................................ 63
85 Further remand ............................................................................................................. 63
86 Remand of accused already in custody ..................................................................... 64
Recognizances 64

87 Exercise of power to bind over ................................................................................... 64
87A Confirmation of powers to bind over ........................................................................ 65
88 Enforcement of recognizances .................................................................................... 65
89 Forfeiture of recognizances ......................................................................................... 66
Contempt of court 66

90 Power to commit and fine for contempt ................................................................... 66
Rules of court 66

91 Rules of court ................................................................................................................ 66
PART VIII - ENFORCEMENT 67

Orders for payment of money 67

92 Power to dispense with immediate payment ........................................................... 67
93 Recovery of periodical payments by Chief Registrar .............................................. 68
94 Methods of enforcement .............................................................................................. 68
94A Enforcement by attachment of earnings or application for benefit
deductions ..................................................................................................................... 68
94B Duty of employer under attachment of earnings order .......................................... 70
94C Statement of earnings .................................................................................................. 70
94D Offences in relation to attachment of earnings orders ............................................ 71
94E Recovery of sums due by deductions from benefit ................................................. 71
94F Disclosure of information in connection with attachment of earnings or
application for benefit deductions ............................................................................. 73
94G Rules of court ................................................................................................................ 74
95 Committal in default of payment ............................................................................... 74
95A Fine defaulters: community service orders .............................................................. 75
TABLE 76
96 Enforcement of periodical payments orders ............................................................ 76
97 Effect of committal on non-payment ......................................................................... 77
98 Allowing time for payment of fine etc ...................................................................... 77
Summary Jurisdiction Act 1989 Index


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99 Application of money found on defaulter ................................................................ 78
100 Remission of fines ......................................................................................................... 78
101 Exercise of mercy in certain cases ............................................................................... 79
101A Register of sums adjudged to be paid on conviction ............................................... 79
Orders other than for payment of money 80

102 Enforcement of other orders ....................................................................................... 80
PART IX – APPEALS 81

Criminal appeals 81

103 Right of appeal against conviction or sentence ........................................................ 81
Appeals in domestic proceedings 81

104 Appeals in domestic proceedings............................................................................... 81
Procedure 83

105 Procedure on appeals ................................................................................................... 83
106 Hearing and decision on appeal ................................................................................. 83
107 Costs ............................................................................................................................... 84
108 Abandonment of appeal .............................................................................................. 84
Case stated etc. 85

109 Appeal by way of case stated ...................................................................................... 85
109A Review of sentences passed by courts of summary jurisdiction ............................ 86
109B Custody etc pending review ....................................................................................... 87
110 [Repealed] ...................................................................................................................... 87
PART X – MISCELLANEOUS AND SUPPLEMENTAL 87

Miscellaneous 87

111 Powers of Deemsters .................................................................................................... 87
112 Protection of justices ..................................................................................................... 87
113 Indemnification of justices and clerks........................................................................ 88
Supplemental 88

114 Interpretation ................................................................................................................. 88
115 Transitional provisions and amendments ................................................................. 91
116 Short title and commencement ................................................................................... 91
SCHEDULE 1 93

FORMS OF OATH 93
SCHEDULE 2 94

OFFENCES TRIABLE ON INFORMATION WHICH CAN BE DEALT WITH
SUMMARILY 94
SCHEDULE 2A 97

MENTALLY DISORDERED PERSONS 97
Index Summary Jurisdiction Act 1989


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SCHEDULE 3 103

PROTECTION OF JUSTICES 103
Acts beyond jurisdiction 103

SCHEDULE 4 104

TRANSITIONAL PROVISIONS 104
SCHEDULE 5 106

AMENDMENT OF ENACTMENTS 106
SCHEDULE 6 107

ENDNOTES 109

TABLE OF LEGISLATION HISTORY 109
TABLE OF RENUMBERED PROVISIONS 109
TABLE OF ENDNOTE REFERENCES 109

Summary Jurisdiction Act 1989 Section 1


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c i e
SUMMARY JURISDICTION ACT 1989

Received Royal Assent: 12 December 1989
Passed: 12 December 1989
Commenced: 1 April 1990
AN ACT
to re-enact with amendments the enactments relating to courts of
summary jurisdiction and related enactments; and for connected purposes.
GENERAL NOTES

1. The maximum fines in this Act are as increased by the Criminal Justice (Penalties,
Etc.) Act 1993 s 1.
2. See SD352/09 Rules of the High Court of Justice 2009 Sch 15.1 para 3 reproduced
below:
“3.
In any statutory provision a reference to a petition of doleance shall be
construed as an application to the court in accordance with —

(a) Chapter 9 of Part 13 (review of detention),
(b) rule 14.16 (appeal by way of case stated), or
(c) Chapter 2 of Part 14 (review of lawfulness of decision etc.),
as the case may require.”
PART I – PRELIMINARY

1 Appointment and powers of High Bailiffs

(1) The Governor shall by warrant under his hand appoint a fit and proper
person to be High Bailiff.
(2) The Governor may by warrant under his hand appoint a fit and proper
person to be Deputy High Bailiff, either generally or for the purposes of a
particular cause or matter or for any specified period; and a Deputy High
Bailiff shall have the like powers and exercise the like jurisdiction as the
High Bailiff.
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(3) The High Bailiff and Deputy High Bailiff shall hold office during the
pleasure of the Governor.
(4) The High Bailiff shall not practise as an advocate.
(5) The High Bailiff and Deputy High Bailiff shall have concurrent
jurisdiction with justices sitting as courts of summary jurisdiction.
(6) A High Bailiff or Deputy High Bailiff shall on appointment take before a
Deemster the oaths set out in Part I of Schedule 1.
2 [Repealed]
1

3 Holding of courts

[1988/1/2]
(1) The High Bailiff or Deputy High Bailiff shall hold court at such times and
places as the High Bailiff may, in accordance with any directions of the
First Deemster, appoint.2

(2) Courts of summary jurisdiction consisting of 2 or more justices shall be
held at such times and places as the Chief Registrar may, in accordance
with any directions of the First Deemster, appoint.3

(3) This section is without prejudice to any power of the High Bailiff or
Deputy High Bailiff or justices to hear and determine any case, or to deal
with any matter, otherwise than at a court held in accordance with
subsection (1) or (2).
(4) No person shall act as clerk of any court of summary jurisdiction unless
he has taken before a Deemster the oath set out in Part II of Schedule 1.4

PART II – CRIMINAL JURISDICTION AND PROCEDURE

Commencement of proceedings
3A Allocation and transfer of proceedings

(1) Subject to rules of court and any directions of the First Deemster, on the
commencement of any proceedings in a court of summary jurisdiction,
whether by complaint or by application or otherwise, the Chief Registrar
shall allocate the proceedings to such court of summary jurisdiction as he
thinks convenient.5

(2) Subject to such rules of court and any directions of the First Deemster,
where any proceedings have been commenced in a court of summary
jurisdiction but the court has not begun to hear evidence in the
proceedings, it may, on an application by any party or of its own motion,
order that they be transferred to such other court of summary
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jurisdiction as appears to it more convenient and is specified in the order;
and where such an order is made, the proceedings shall be deemed to
have been commenced in the court so specified.6

(3) This section is subject to section 38 (juvenile courts) and section 49
(domestic proceedings).7

4 Issue of summons or warrant

[P1980/43/1]
(1) Upon a complaint being made before a justice that any person has, or is
suspected of having, committed an offence, the justice may, subject to
subsection (2) —
(a) issue a summons directed to that person requiring him to appear
before a court of summary jurisdiction to answer to the complaint,
or
(b) issue a warrant to arrest that person and to bring him before a
court of summary jurisdiction.
(1A) Upon a complaint being made before a justice that —
(a) an offence has been or is suspected of having been committed in
the Island; and
(b) a person outside the Island has, or is suspected of having,
committed the offence; and
(c) there are reasonable grounds for believing that it is necessary for
the purpose of securing or preserving evidence relating to that
offence or to obtain such evidence by questioning the person, that
the person should be arrested and brought to the Island,
the justice may, subject to subsection (2), issue a warrant to arrest that
person for such purposes.8

(2) No warrant shall be issued under this section unless the complaint is in
writing and substantiated on oath.
(3) A warrant under this section may be issued at any time notwithstanding
that a summons has previously been issued.
(4) A justice may issue a summons or warrant under this section upon a
complaint being laid before him notwithstanding any enactment
requiring the complaint to be laid before 2 or more justices.
(5) Where a justice issues a warrant under this section, he may order that the
complainant enter into a recognizance to appear at the court where the
complaint is to be heard or inquired into and to prosecute or give
evidence against the accused.
(6) Where 2 or more complaints are laid against the same person or persons,
a single summons may be issued against that person or each of those
persons in respect of all the complaints if the matter of each complaint is
Section 5 Summary Jurisdiction Act 1989


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separately stated in the summons; and any such summons shall be
treated as if it were a separate summons in respect of each complaint.
Committal proceedings
5 Inquiry by court

(1) Where a complaint is laid before a justice that any person has, or is
suspected of having, committed an offence triable on information, the
complaint shall be inquired into by a court of summary jurisdiction.9

(2) Where such an offence may be dealt with summarily —
(a) the court may adjourn the inquiry for the purpose of ascertaining
whether it is expedient to do so; and
(b) if only one justice is present, he shall adjourn the inquiry to a
court which may do so.
(3) Without prejudice to subsection (2), a court of summary jurisdiction may
adjourn an inquiry before beginning it or at any time during it.
(4) When adjourning an inquiry, a court of summary jurisdiction shall —
(a) remand the accused; and
(b) fix the time and place at which the inquiry is to be resumed,
which shall be that at which the accused is required to appear or
be brought before it in pursuance of the remand.
6 Discharge or committal for trial

(1) Subject to subsection (2) and to any enactment providing for the
summary trial of offences triable on information, if the court inquiring
into an offence under section 5 is of opinion, on consideration of the
evidence and of any statement of the accused, that there is sufficient
evidence to put the accused on trial by jury for any offence triable on
information, it shall commit him for trial; but if it is not of that opinion
and he is in custody for no other cause than the offence under inquiry, it
shall discharge him.
(2) A court of summary jurisdiction inquiring into an offence under section 5
may, if it is satisfied that all the evidence before it (whether for the
prosecution or the defence) consists of written statements under
section 70, commit the accused for trial for the offence without
consideration of the contents of those statements unless —
(a) the accused or one of the accused is not represented by an
advocate, or
(b) an advocate for the accused or one of them has requested it to
consider a submission that the statements disclose insufficient
evidence to put that accused on trial for the offence.
Summary Jurisdiction Act 1989 Section 6


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(3) A court of summary jurisdiction may commit a person for trial —
(a) in custody, that is, by committing him to custody there to be
safely kept until delivered in due course of law; or
(b) on bail, that is, by taking from him a recognizance to appear
before a Court of General Gaol Delivery at the time and place
appointed for the trial.
(4) Where a court has committed a person in custody under subsection (3)(a)
and he is in custody for no other cause, it may, at any time before his first
appearance before a Court of General Gaol Delivery, grant him bail in
accordance with subsection (3)(b).
(5) Where a court of summary jurisdiction commits any person for trial or
determines to discharge him, the clerk of the court shall, on the day on
which the inquiry is concluded or the next day, cause to be displayed in a
part of the court house to which the public have access a notice —
(a) in either case giving that person’s name, address and age (if
known);
(b) where the justices commit him for trial, stating the charge on
which he is committed;
(c) where they determine to discharge him, describing the offence
charged and stating that they have so determined;
but this subsection has effect subject to Schedule 2 (anonymity in rape
cases) to the Sexual Offences Act 1992 and to any witness anonymity order
under the Criminal Justice (Witness Anonymity) Act 2011 relating to the
proceeding.10

(6) A notice displayed in pursuance of subsection (5) shall not contain the
name or address of any person under the age of 17 years unless the court
has stated that in its opinion he would be mentioned in it apart from this
subsection and should be mentioned in it for the purpose of avoiding
injustice to him.
(7) As soon as practicable after a person is committed for trial, the clerk of
the court shall transmit to the Chief Registrar —
(a) the complaint, if in writing;
(b) any written statements put in evidence under section 70 or 72;
(c) the depositions of any witnesses who gave evidence orally under
that section and the certificate under section 70(2)(c);
(d) all statements made by the accused before the justices;
(e) all exhibits produced in evidence;
(f) all recognizances;
(g) a statement in writing of the names, addresses and descriptions of
the witnesses who are, or are treated as being, bound over
conditionally to attend the trial;
Section 7 Summary Jurisdiction Act 1989


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and shall notify the Attorney General in writing of the committal.
7 Restrictions on reports of committal proceedings

[P1980/43/8]
(1) Except as provided by subsection (2), (4) and (9), it shall not be lawful to
publish in the Island a written report, or to include in a relevant
programme for reception in the Island a report, of any inquiry in the
Island containing any matter other than that permitted by
subsection (5).11

(2) Subject to subsection (3), a court of summary jurisdiction shall, on an
application for the purpose made with reference to any inquiry by the
accused or one of the accused, as the case may be, order that
subsection (1) shall not apply to reports of the inquiry.
(3) Where there is more than one accused, and an application is made for the
purpose by one or more, but not all, of the accused, the court shall invite
representations from all the accused, and shall not make an order under
subsection (2) unless it is satisfied that it is in the interests of justice to do
so; and subsection (1) shall apply to proceedings under this subsection.
(4) It shall not be unlawful under this section to publish or include in a
relevant programme a report of an inquiry containing any matter other
than that permitted by subsection (5) —
(a) where the court of summary jurisdiction determines not to
commit the accused, or any of the accused, for trial, after it so
determines;
(b) where the court commits the accused or any of the accused for
trial, after the conclusion of his trial or as the case may be, the trial
of the last to be tried;
and where at any time during the inquiry the court proceeds to try
summarily the case of one or more of the accused under section 16, 18 or
19, while committing the other accused or one or more of the other
accused for trial, it shall not be unlawful under this section to publish or
include in a relevant programme as part of a report of the summary trial,
after the court determines to proceed as aforesaid, a report of so much of
the inquiry containing any such matter as takes place before the
determination.12

(5) The following matters may be contained in a report of an inquiry
published or included in a relevant programme without an order under
subsection (2) before the time authorised by subsection (4) —
(a) the identity of the court and the names of the justices;
(b) the names, addresses and occupations of the parties and witnesses
and the ages of the accused and witnesses;
Summary Jurisdiction Act 1989 Section 7


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(c) the offence or offences, or a summary of them, with which the
accused is or are charged;
(d) the names of advocates engaged in the proceedings;
(e) any decision of the court to commit the accused or any of the
accused for trial, and any decision of the court on the disposal of
the case of any accused not committed;
(f) where the court commits the accused or any of the accused for
trial, the charge or charges, or a summary of them, on which he is
committed and the court to which he is committed;
(g) where the inquiry is adjourned, the date and place to which it is
adjourned;
(h) any arrangements as to bail on committal or adjournment;
(i) whether legal aid was granted to the accused or any of the
accused.13

(6) If a report is published or included in a relevant programme in
contravention of this section, the following persons —
(a) in the case of a publication of a written report as part of a
newspaper or periodical, any proprietor, editor or publisher of the
newspaper or periodical;
(b) in the case of a publication of a written report otherwise than as
part of a newspaper or periodical, the person who publishes it;
(c) in the case of the inclusion of a report in a relevant programme,
any body corporate which is engaged in providing the service in
which the programme is included and any person having
functions in relation to the programme corresponding to those of
an editor of a newspaper;14

(d) [Repealed]15

shall be liable on summary conviction to a fine not exceeding £5,000.16

(7) Proceedings for an offence under this section shall not be instituted
otherwise than by or with the consent of the Attorney General.
(8) Subsection (1) is in addition to, and not in derogation from, the
provisions of any other enactment with respect to the publication of
reports and proceedings of courts of summary jurisdiction and other
courts.
(9) For the purposes of this section an inquiry shall, in relation to a
complaint charging an offence triable on information, be deemed to
include any proceedings in the court before it proceeds to inquire into
the complaint under section 5; but where a court which has begun to try
a complaint summarily discontinues the summary trial in pursuance of
section 18(6) and proceeds to inquire into it under section 5, that
circumstance shall not make it unlawful under this section for a report of
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any proceedings on the complaint which was published or included in a
relevant programme before the court determined to proceed as aforesaid
to have been so published or so included.17

(10) Any report in a newspaper, and any report included in a relevant
programme, of an inquiry in a case where publication is permitted by
virtue only of subsection (4), published as soon as practicable after it is so
permitted, shall be treated for the purposes of section 8 of the Libel and
Slander Act 1892 (privilege of contemporaneous newspaper reports of
court proceedings) and section 9 of the Defamation Act 1954 (extension of
the said section 8 to broadcasting) as having been published or so
included contemporaneously with the committal proceedings.18

Summary trial of complaint
8 Procedure on trial

[P1980/43/9]
(1) On the summary trial of a complaint, the court shall, if the accused
appears, state to him the substance of the complaint and ask him
whether he pleads guilty or not guilty.
(2) The court after hearing the evidence and the parties, shall convict the
accused or dismiss the complaint.
(3) If the accused pleads guilty, the court may convict him without hearing
evidence.
(4) Unless otherwise provided by an enactment, no complaint shall be tried
summarily except in open court.
9 Adjournment of trial

[P1980/43/10]
(1) A court of summary jurisdiction may at any time, whether before or after
beginning to try a complaint, adjourn the trial.19

(2) The court may when adjourning either fix the time and place at which
the trial is to be resumed, or, unless it remands the accused, leave the
time and place to be determined later by the court; but the trial shall not
be resumed at that time and place unless the court is satisfied that the
parties have had adequate notice thereof.
(3) On adjourning the trial of a complaint the court may remand the
accused.
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10 Non-appearance of accused: general provisions

[1986/21/4(1); P1980/43/11]
(1) Subject to the provisions of this Act, where at the time and place
appointed for the trial or adjourned trial of a complaint the prosecutor
appears but the accused does not, the court may proceed in his absence.
(2) Where a summons has been issued, the court shall not begin to try the
complaint in the absence of the accused unless either —
(a) it is proved to the satisfaction of the court, on oath or in such
other manner as may be prescribed, that the summons was served
on the accused within what appears to the court to be a
reasonable time before the trial or adjourned trial, or
(b) the accused has appeared on a previous occasion to answer to the
complaint.
(3) A court of summary jurisdiction shall not in a person’s absence —
(a) sentence him to imprisonment or detention in a detention centre,
or
(b) make an order under Part II of Schedule 1 to the Criminal Law Act
1981 that a suspended sentence passed on him shall take effect.
(4) A court of summary jurisdiction shall not in a person’s absence impose
any disqualification on him, except on resumption of the hearing after an
adjournment under section 22(1); and where a trial is adjourned in
pursuance of this subsection the notice required by section 9(2) shall
include notice of the reason for the adjournment.
11 Non-appearance of accused: plea of guilty

[1986/21/1; P1980/43/12]
(1) Subject to subsection (7), this section shall apply where a summons has
been issued requiring a person to appear before a court of summary
jurisdiction, other than a juvenile court, to answer to a complaint for a
summary offence, not being an offence for which the accused is liable to
be sentenced to be imprisoned for a term exceeding 6 months, and the
clerk of the court is notified by or on behalf of the prosecutor that the
following documents have been served upon the accused with the
summons —
(a) a notice containing such statement of the effect of this section as
may be prescribed; and
(b) a concise statement in the prescribed form of such facts relating to
the charge as will be placed before the court by or on behalf of the
prosecutor if the accused pleads guilty without appearing before
the court.
(2) Where the clerk of the court receives a notification in writing purporting
to be given by the accused or by an advocate acting on his behalf that the
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accused desires to plead guilty without appearing before court, the clerk
of the court shall inform the prosecutor of the receipt of the notification.
(3) If, after such notification is received by the clerk of the court, the accused
does not appear at the time and place appointed for the trial or
adjourned trial of the complaint, and it is proved to the satisfaction of the
court, on oath or in such other manner as may be prescribed, that the
notice and statement of facts referred to in subsection (1) have been
served upon the accused with the summons, then —
(a) the court may proceed to hear and dispose of the case in the
absence of the accused, whether or not the prosecutor is also
absent, in like manner as if both parties had appeared and the
accused had pleaded guilty; or
(b) if the court decides not to proceed as aforesaid, the court shall
adjourn or further adjourn the trial for the purpose of dealing
with the complaint as if the notification aforesaid had not been
given.
(4) If at any time before the hearing the clerk of the court receives an
intimation in writing purporting to be given by or on behalf of the
accused that he wishes to withdraw the notification, the clerk of the court
shall inform the prosecutor thereof and the court shall deal with the
complaint as if this section had not been passed.
(5) Before accepting the plea of guilty and convicting the accused in his
absence under subsection (3), the court shall cause the notification and
statement of facts, including any submission received with the
notification which the accused wishes to be brought to the attention of
the court with a view to mitigation of sentence, to be read out before the
court.
(6) If the court proceeds under subsection (3) to hear and dispose of the case
in the absence of the accused, the court shall not permit any statement to
be made by or on behalf of the prosecutor with respect to any facts
relating to the offence charged other than the statement of facts aforesaid
except on a resumption of the trial after an adjournment under
section 9(3).
(7) Where a trial is adjourned in pursuance of subsection (3) or on the
accused’s conviction in his absence under that subsection, the notice
required by section 9(2) shall include notice of the reason for the
adjournment.
(8) The Department of Home Affairs may by order provide that this section
shall not apply in relation to such offences (in addition to an offence for
which the accused is liable to be sentenced to be imprisoned for a term
exceeding 6 months) as may be specified in the order, but no such order
shall have effect unless it is approved by Tynwald.
Summary Jurisdiction Act 1989 Section 12


c AT 15 of 1989 Page 19

12 Non-appearance of accused: issue of warrant

[P1980/43/13]
(1) Subject to the provisions of this section, where the court, instead of
proceeding in the absence of the accused, adjourns or further adjourns
the trial, the court may, if the complaint has been substantiated on oath,
issue a warrant for his arrest.
(2) Where a summons has been issued, the court shall not issue a warrant
under this section unless either —
(a) it is proved to the satisfaction of the court, on oath or in such
other manner as may be prescribed, that the summons was served
on the accused within what appears to the court to be a
reasonable time before the trial or adjourned trial; or
(b) the accused has appeared on a previous occasion to answer to the
complaint; or
(c) it appears to the court that the accused is keeping out of the way
of service of the summons.
13 Proceedings invalid where accused did not know of them

[1986/21/3; P1980/43/14]
(1) Where a summons has been issued requiring a person to appear and
answer to a complaint and a court of summary jurisdiction has begun to
try the complaint, then, if —
(a) the accused, at any time during or after the trial, makes a
statutory declaration that he did not know of the summons or the
proceedings until a date specified in the declaration, being a date
after the court has begun to try the complaint; and
(b) within 21 days of that date the declaration is served on the clerk of
the court,
without prejudice to the validity of the complaint, the summons and all
subsequent proceedings shall be void.
(2) If on the application of the accused it appears to a justice that it was not
reasonable to expect the accused to serve such a statutory declaration
within the said period of 21 days, the justice may accept service of such a
declaration by the accused after that period has expired; and a statutory
declaration accepted under this subsection shall be deemed to have been
served as required by subsection (1).
(3) Where a statutory declaration complying with subsection (1) is served on
the clerk of a court of summary jurisdiction, he shall —
(a) note the receipt of the declaration in the order book against the
entry in respect of the trial of the complaint to which the
declaration relates; and
(b) inform the prosecutor of the receipt of the declaration.
Section 14 Summary Jurisdiction Act 1989


Page 20 AT 15 of 1989 c

(4) Where any proceedings have become void by virtue of subsection (1), the
complaint shall not be tried again by any of the same justices.
14 Non-appearance of prosecutor

[P1980/43/15]
(1) Where at the time and place appointed for the trial or adjourned trial of a
complaint the accused appears or is brought before the court and the
prosecutor does not appear, the court may dismiss the complaint or, if
evidence has been received on a previous occasion, proceed in the
absence of the prosecutor.
(2) Where, instead of dismissing the complaint or proceeding in the absence
of the prosecutor, the court adjourns the trial, it shall not remand the
accused in custody unless he has been brought from custody or cannot
be remanded on bail by reason of his failure to find sureties.
15 Non-appearance of both parties

[P1980/43/16]
Subject to sections 10(3) and (4) and 11, where at the time and place appointed
for the trial or adjourned trial of a complaint neither the prosecutor nor the
accused appears, the court may dismiss the complaint or, if evidence has been
received on a previous occasion, proceed in their absence.
Summary trial of offences triable on information
15A Initial procedure: accused to indicate intention as to plea

(1) This section has effect if a person who has attained the age of 17 years
appears or is brought before a court of summary jurisdiction charged
with an offence specified in Schedule 2 or an offence triable either way.
(2) Everything that the court is required to do under the following
provisions of this section must be done with the accused present in court.
(3) The court must cause the charge to be written down, if this has not
already been done, and to be read to the accused.
(4) The court must then explain to the accused in ordinary language that he
or she may indicate whether (if the offence were to proceed to trial) he or
she would plead guilty or not guilty, and that if the accused indicates
that he or she would plead guilty—
(a) the court must proceed as mentioned in subsection (6); and
(b) the accused may be committed for sentence to a Court of General
Gaol Delivery under section 17 if the court is of such opinion as is
mentioned in subsection (1B)(d) of that section.
(5) The court must then ask the accused whether (if the offence were to
proceed to trial) he or she would plead guilty or not guilty.
Summary Jurisdiction Act 1989 Section 15


c AT 15 of 1989 Page 21

(6) If the accused indicates that he or she would plead guilty the court must
proceed as if —
(a) the proceedings constituted a summary trial of the information
from the beginning; and
(b) section 8(1) were complied with and the accused had pleaded
guilty under it.
(7) If the accused indicates that he or she would plead not guilty the court
must proceed as set out in section 16 or section 18 as appropriate.
(8) If the accused fails to indicate how he or she would plead the accused is
taken to indicate that he or she would plead not guilty.
(9) Subject to subsection (6), the following do not constitute the taking of a
plea —
(a) asking the accused whether (if the offence were to proceed to
trial) he or she would plead guilty or not guilty;
(b) an indication by the accused of how he or she would plead.20

15B Intention as to plea: absence of accused

(1) This section has effect if —
(a) a person who has attained the age of 17 years appears or is
brought before a court of summary jurisdiction charged with an
offence specified in Schedule 2 or an offence triable either way;
(b) the accused is represented by an advocate;
(c) the court considers that by reason of the accused’s disorderly
conduct before the court it is not practicable for proceedings
under section 15A to be conducted in his or her presence; and
(d) the court considers that it should proceed in the absence of the
accused.
(2) In such a case —
(a) the court must cause the charge to be written down, if this has not
already been done, and to be read to the advocate;
(b) the court must ask the advocate whether (if the offence were to
proceed to trial) the accused would plead guilty or not guilty.
(3) If the advocate indicates that the accused would plead guilty the court
must proceed as if —
(a) the proceedings constituted a summary trial of the information
from the beginning; and
(b) section 8(1) were complied with and the accused had pleaded
guilty under it.
(4) If the advocate indicates that the accused would plead not guilty the
court must proceed as set out in section 16 or section 18 as appropriate.
Section 16 Summary Jurisdiction Act 1989


Page 22 AT 15 of 1989 c

(5) If the advocate fails to indicate how the accused would plead, the
advocate is taken to indicate that the accused would plead not guilty.
(6) Subject to subsection (3), the following do not constitute the taking of a
plea —
(a) asking the advocate whether (if the offence were to proceed to
trial) the accused would plead guilty or not guilty;
(b) an indication by the advocate of how the accused would plead.21

15C Intention as to plea: adjournment

A court of summary jurisdiction proceeding under section 15A or 15B may
adjourn the proceedings at any time, and on doing so on any occasion when the
accused is present may remand the accused, and must remand him or her if —
(a) on the occasion on which the accused first appeared, or was
brought, before the court to answer to the charge he or she was in
custody or, having been released on bail, surrendered to the
custody of the court; or
(b) he or she has been remanded at any time in the course of
proceedings on the charge,
and if the court remands the accused, the time fixed for the resumption of
proceedings is that at which the accused is required to appear or be brought
before the court in pursuance of the remand.22

16 Summary trial of offences listed in Schedule 2

(1) Where a person who has attained the age of 17 is charged before a court
of summary jurisdiction with an offence triable on information, being an
offence specified in Schedule 2, then, if at any time it appears to the
court, having regard to any representations made by the prosecutor in
the presence of the accused or by the accused, and to the nature of the
case, that —
(a) the punishment that the court has power to inflict under this
section would be adequate, and
(b) the circumstances do not make the offence one of a serious
character and do not for other reasons require trial on
information,
the court may proceed to try the case summarily.23

(2) A court proceeding to try a case summarily under subsection (1) shall
cause the charge to be written down and read to the accused.24

(3) Where under subsection (1) a court of summary jurisdiction has begun to
try an offence summarily, the court may at any time before the
conclusion of the evidence for the prosecution, discontinue the summary
trial and proceed to inquire into the offence.25

Summary Jurisdiction Act 1989 Section 17


c AT 15 of 1989 Page 23

(4) If the prosecution is being carried on by the Attorney General, the court
shall not proceed under subsection (1) without the Attorney General’s
consent.26

(5) Subject to section 17, a person summarily convicted under this section of
an offence triable on information shall be liable to imprisonment for a
term not exceeding 12 months, or to a fine not exceeding £5,000, or to
both.27

(6) Where a person is convicted under this section of an offence of inciting to
commit a summary offence, he shall not be liable to any greater penalty
than he would be liable to on being summarily convicted of the summary
offence.
(7) Where a person is convicted under this section of an offence of
attempting to commit an offence triable either way, he shall not be liable
to any greater penalty that he would be liable to on being summarily
convicted of the completed offence.
(8) Where under this section a court of summary jurisdiction, having begun
to inquire into a complaint as examining justices, proceeds to try the case
summarily, then any evidence already given before the court (otherwise
than by a written statement under section 70 or 72) shall be deemed to
have been given in and for the purposes of the summary trial.
(9) Where an adult is charged before a court of summary jurisdiction with
an offence specified in Schedule 2 and also with an offence under
section 23 of the Firearms Act 1947 (use or possession of firearm), he may
not be tried summarily for the first-mentioned offence if he is committed
for trial of the offence under the said section 23.
(10) The Department of Home Affairs may by order amend Schedule 2 by
adding to, removing or varying the entries in that Schedule.28

(11) An order under subsection (10) shall not come into operation unless it is
approved by Tynwald.29

17 Committal for sentence

[1986/21/7]
(1) A court of summary jurisdiction may, instead of dealing with a person
who has attained the age of 17 in any manner in which the court has
power to deal with him or her, commit him or her in custody or on bail
to a Court of General Gaol Delivery for sentence if the conditions set out
in subsection (1A) or subsection (1B) are satisfied.30

(1A) The conditions are —
(a) the person has been convicted (whether or not following a trial)
by a court of summary jurisdiction of an offence specified in
Schedule 2 or an offence triable either way; and
Section 17 Summary Jurisdiction Act 1989


Page 24 AT 15 of 1989 c

(b) having obtained further information as to the circumstances of the
offence during the trial (if any) or information as to the person’s
character and antecedents, the court thinks that greater
punishment should be inflicted than it has power to inflict.31

(1B) The conditions are —
(a) the person has been charged before a court of summary
jurisdiction with an offence specified in Schedule 2 or an offence
triable either way;
(b) the person or the person’s advocate has indicated under section
15A or 15B as the case may be that the person would plead guilty
were the offence to proceed to trial;
(c) the court proceeds as if section 8(1) were complied with and the
person had pleaded guilty under it; and
(d) the court thinks that greater punishment should be inflicted than
it has power to inflict or the circumstances make the offence one
of a serious character or for other reasons make it unsuitable for
summary trial.32

(2) If a person committed for sentence under subsection (1) is, prior to being
dealt with by a Court of General Gaol Delivery, convicted of any offence
whatsoever that could be dealt with by a court of summary jurisdiction, a
court of summary jurisdiction may also commit the person in custody or
on bail to a Court of General Gaol Delivery, either at the same time as the
original committal or subsequently.33

(2A) Subsections (1) and (2) apply to any corporation as if the corporation
were a person who has attained the age of 17 and as if the words “in
custody or on bail” were omitted.34

(3) An offender so committed shall be committed to a Court of General Gaol
Delivery, and the clerk of the court shall notify the Chief Registrar, who
shall notify the prosecutor and the governor or other person in charge of
the place to which the offender is committed of the date on which the
case will be dealt with by that Court.35

(4) Where an offender is so committed, the Court of General Gaol Delivery
shall inquire into the circumstances of the case, and may deal with him
as follows —
(a) in the case of the offence mentioned in subsection (1), in any way
in which it could deal with him if he had just been convicted of
the offence on information before the Court;
(b) in the case of any offence mentioned in subsection (2), in any way
in which the court of summary jurisdiction could have dealt with
him;
and any duty or power which, apart from this subsection, would fall to
be discharged or exercised by the court of summary jurisdiction shall not
Summary Jurisdiction Act 1989 Section 18


c AT 15 of 1989 Page 25

be so discharged or exercised but shall instead be discharged or may
instead be exercised by the Court of General Gaol Delivery.
(5) [Repealed]36

(6) Section 6 (7) applies to a committal under this section as it applies to a
committal for trial.
18 Summary trial of offences triable either way

[1981/20/Sch 7]
(1) Where a person who has attained the age of 14 is charged before a court
of summary jurisdiction with an offence triable either way, the court
shall proceed as if the offence were triable on information unless on the
application of any party to the proceedings it determines to try the
offence summarily.
(2) An application under subsection (1) shall be made before any evidence is
called and may be made in the absence of the accused.
(3) Subject to subsection (4), where a court of summary jurisdiction has
pursuant to subsection (1) begun to inquire into the offence, then, if at
any time during the inquiry it appears to the court, having regard to any
representations made by the prosecutor in the presence of the accused or
by the accused, and to the nature of the case, that it is proper to do so, the
court may proceed to try the case summarily.
(4) If the prosecution is being carried on by the Attorney General, the court
shall not act pursuant to subsection (3) without the Attorney General’s
consent.
(5) A court proceeding to try a case summarily under subsection (3) shall
cause the charge to be written down and read to the accused.
(6) Where under subsection (1) a court of summary jurisdiction has begun to
try an offence summarily, the court may at any time before the
conclusion of the evidence for the prosecution, discontinue the summary
trial and proceed to inquire into the offence.
(7) Nothing in this section affects any enactment enabling the accused or the
prosecutor to claim that a summary offence shall be tried by a jury.
19 Summary trial of child or young person

(1) A court of summary jurisdiction before whom a child or young person is
charged with an offence triable on information, other than homicide,
shall deal with him summarily unless —
(a) he has attained the age of 14 years and the offence is punishable
with custody for 14 years or more; or
(b) some other person who is charged jointly with him and has
attained the age of 17 years is committed for trial,
Section 20 Summary Jurisdiction Act 1989


Page 26 AT 15 of 1989 c

in which case the court may, if thinks it necessary in the interests of
justice to do so, commit the child or young person for trial.
(2) Where a court of summary jurisdiction commits a child or young person
for an offence pursuant to subsection (1), the court may also commit him
for trial for any other offence triable on information with which he is
charged at the same time (whether jointly with a person who has
attained the age of 17 years or not) if that other offence arises out of
circumstances which are the same as or connected with those giving rise
to the first mentioned offence.
(3) If on trying a person summarily in pursuance of subsection (1) the court
finds him guilty, it may —
(a) impose a fine not exceeding £2,500; or
(b) exercise the same powers (other than imposing a fine) as it could
have exercised if he had been found guilty of an offence for which
it could have sentenced him to custody for a term not exceeding 6
months.37

20 Effect of conviction or dismissal

(1) Where on the summary trial of a complaint for an offence triable on
information the court convicts the accused, the conviction shall have the
same effect as a conviction on information.
(2) Where on the summary trial of a complaint for such an offence the court
dismisses the complaint, the dismissal shall have the same effect as an
acquittal on information.
Right to claim trial by jury
21 Right to claim trial by jury for certain summary offences

[1986/21/5]
(1) Where a person who has attained the age of 14 is charged before a court
of summary jurisdiction with an offence in respect of which he is liable
on summary conviction to imprisonment for a term exceeding 6 months,
he may, on appearing in person and before pleading to the charge, apply
to the court to be tried by jury.38

(1A) If on an application under subsection (1) it appears to the court that,
having regard to the nature of the case, the circumstances do not make
the offence one which for any reason requires trial on information, the
court may proceed to try the case summarily.39

(2) A court of summary jurisdiction before which a person is charged with a
summary offence for which he may apply to be tried by jury shall, before
asking whether he pleads guilty, —
(a) inform him of his right,
Summary Jurisdiction Act 1989 Section 22


c AT 15 of 1989 Page 27

(b) if the court thinks it desirable for his information, tell him that if
tried by a jury he would be tried before a Court of General Gaol
Delivery and explain what is meant by being tried summarily;
and shall then ask him whether he wishes to apply to be tried by a jury.40

(3) [Repealed]41

Remand for reports
22 Remand for social inquiry reports

(1) A court of summary jurisdiction may, after a person has been convicted
and before he has been sentenced or otherwise dealt with, adjourn the
case for the purpose of enabling inquiries to be made or of determining
the most suitable method of dealing with him, and may remand the
offender.
(2) The court shall not adjourn a case under subsection (1) for any single
period exceeding 6 weeks.42

(3) Where a case has been adjourned under subsection (1), the offender may
be sentenced or otherwise dealt with for the offence in question by any
court of summary jurisdiction, but if the court by which he is sentenced
or otherwise dealt with does not wholly consist of the same justices as
the court by which he was convicted, the court shall inquire into the
circumstances of the case before sentencing or otherwise dealing with
him.
23 Remand for medical reports

[1974/34/Sch 4]
(1) Without prejudice to any powers under section 22, where a person is
charged before a court of summary jurisdiction with an offence
punishable with imprisonment, and the court is satisfied that he did the
act or made the omission charged but is of opinion that an inquiry ought
to be made into his physical or mental condition before the method of
dealing with him is determined, the court shall adjourn the case and
remand him for such period or periods, no single period exceeding 6
weeks, as the court thinks necessary to enable a medical examination and
report to be made.43

(2) Where a person is remanded on bail under this section it shall be a
condition of the recognizance that he shall —
(a) undergo medical examination by a qualified medical practitioner
or, where the inquiry is into his mental condition and the
recognizance so specifies, 2 such practitioners; and
(b) for that purpose, attend at an institution or place, or on any such
practitioner, specified in the recognizance and, where the inquiry
Section 24 Summary Jurisdiction Act 1989


Page 28 AT 15 of 1989 c

is into his mental condition, comply with any directions which
may be given to him for the said purpose by any person of any
class so specified;
and, if arrangements have been made for his reception, it may be a
condition of the recognizance that he shall, for the purpose of the
examination, reside until the expiration of such period as may be
specified in the recognizance or he is discharged therefrom, whichever
occurs first, at an institution or place so specified, not being an institution
or place to which he could have been committed.
(3) Where a person charged before a court of summary jurisdiction with an
offence triable on information is committed for trial at a Court of General
Gaol Delivery and is remanded on bail, and the court is of opinion that
an inquiry ought to be made into his physical or mental condition, the
conditions of the recognizance taken for the purpose may, in addition to
a condition for his appearance, include the like conditions as could be
included in a recognizance under subsection (2).
(4) On exercising the powers conferred by this section a court of summary
jurisdiction shall send to the institution or place to which he is
committed or at which he is to be examined, or to the person by whom
he is to be examined, as the case may be, a statement of the reasons for
which the court is of opinion that an inquiry ought to be made into his
physical or mental condition, and any information before the court as to
his physical or mental condition.
Powers in respect of offenders
24 Consecutive terms of imprisonment

[P1980/43/133]
(1) A court of summary jurisdiction imposing imprisonment on any person
may order that the term of imprisonment shall commence on the
expiration of any other term of imprisonment imposed by that or any
other court; but, subject to the provisions of this section, where the court
imposes 2 or more terms of imprisonment to run consecutively the
aggregate of such terms shall not exceed 12 months.44

(2) [Repealed]45

(3) Subsection (1) does not operate to reduce the aggregate of the terms that
the court may impose in respect of any offence below the term which the
court has power to impose in respect of any one of those offences.46

(4) Notwithstanding anything in this section or any other enactment, where
a person has been sentenced by a court of summary jurisdiction to
imprisonment in default of payment of a fine, the court may order that
the sentence shall begin at the expiration of any term of imprisonment
imposed for that offence in addition to the fine.
Summary Jurisdiction Act 1989 Section 25


c AT 15 of 1989 Page 29

(5) For the purpose of this section a term of imprisonment is imposed in
respect to an offence if it is imposed as a sentence or in default of
payment of a sum adjudged to be paid by the conviction.
25 Mitigation of penalties, etc

[P1980/43/34]
(1) Where under any statutory provision (whenever made) a court of
summary jurisdiction has power to sentence an offender to
imprisonment for a period specified by the provision, or to a fine of an
amount specified by the provision, the court may sentence him to
imprisonment for less than that period or, as the case may be, to a fine of
less than that amount.
(2) Where under any such provision an offender sentenced on summary
conviction to imprisonment or a fine is required to enter into a
recognizance with or without sureties to keep the peace or observe any
other condition, the court convicting him may dispense with or modify
the requirement.
(3) Where under any such provision a court of summary jurisdiction has
power to sentence an offender to imprisonment or other detention but
not to a fine, the court may, instead of sentencing him to imprisonment
or other detention, impose a fine which —
(a) shall not exceed £5,000; and
(b) for a summary offence, shall not be of such an amount as would
subject the offender, in default of payment of the fine, to a longer
term of imprisonment or detention than the term to which he is
liable on conviction of the offence.
26 Fixing amount of fine

[P1980/43/35]
In fixing the amount of a fine, a court of summary jurisdiction shall take into
consideration among other things the means of the person on whom the fine is
imposed, so far as they appear or are known to the court.
27 Restriction on fines on children and young persons

[P1980/43/36]
(1) Where a child or young person is found guilty by a court of summary
jurisdiction of an offence for which, apart from this section, it would
have power to impose a fine of an amount exceeding £2.500, the amount
of any fine imposed by the court shall not exceed £2,500.47

Section 28 Summary Jurisdiction Act 1989


Page 30 AT 15 of 1989 c

27A Mentally disordered persons

Schedule 2A shall have effect in relation to the powers of courts of summary
jurisdiction in relation to mentally disordered persons.48

Costs
28 Power to award costs in trial or committal proceedings

[P1973/14/2]
(1) On the summary trial of a complaint that a person has, or is suspected of
having, committed an offence, a court of summary jurisdiction may —
(a) on dismissal of the complaint, make such order as to costs to be
paid by the complainant to the accused; or
(b) on conviction, make such order as to costs to be paid by the
accused to the complainant,
as it thinks just and reasonable.
(2) Where the accused is a child or young person, the amount of the costs
ordered to be paid under subsection (1)(b) shall not exceed the amount of
any fine ordered to be paid by him.
(3) Where a complaint is made against any person for an offence triable on
information, and a court of summary jurisdiction does not deal with the
complaint summarily but dismisses the complaint, the court may, if it is
of opinion that the complaint was not made in good faith, order the
complainant to pay the whole or any part of the costs of the accused.
(4) An order under this section or section 29 shall specify the amount to be
paid in pursuance of the order.
(5) No appeal shall lie against an order under subsection (3) unless the
amount ordered to be paid exceeds £500.
(6) An order under subsection (3) may be made in addition to an order
under section 29, and where an order under that section is made the costs
shall be primarily payable under that order, but notice of any order
under subsection (3) shall be sent to the Treasury.
29 Power to award costs out of Government funds

(1) A court of summary jurisdiction inquiring into any offence triable on
information may order the payment out of money provided by Tynwald
of the costs of the prosecution.
(2) A court of summary jurisdiction inquiring into any such offence and
determining not to commit the accused for trial may order the payment
out of money provided by Tynwald of the costs of the defence.
Summary Jurisdiction Act 1989 Section 29


c AT 15 of 1989 Page 31

(2A) A court of summary jurisdiction by which an offence triable on
information is dealt with summarily may order the payment out of
money provided by Tynwald of the costs of the prosecution or the
defence or both.49

(3) The costs payable under subsection (1), (2) or (2A) shall be such sums as
(subject to regulations under section 53(2) of the Criminal Jurisdiction Act
1993) appear to the court to be reasonably sufficient —
(a) to compensate the complainant or the accused, as the case may be,
for the expenses properly incurred by him in carrying on the
prosecution or the defence, and
(b) to compensate any witness for the prosecution or the defence, as
the case may be, for the expense, trouble and loss of time properly
incurred in or incidental to his attendance.50

(4) Notwithstanding that the court makes no order under subsection (2) or
(2A), it may order the payment out of money provided by Tynwald of
such sums as (subject to such regulations) appear to the court to be
reasonably sufficient to compensate any witness for the defence for the
expense, trouble and loss of time properly incurred in or incidental to his
attendance.51

(5) No sum shall be payable in pursuance of an order under this section to
or in respect of a witness as to character only unless the court certifies
that the interests of justice required his attendance.
(6) The amount of costs ordered to be paid to any person under this section
shall be ascertained as soon as practicable by the clerk of the court, who
in the case of an order under subsection (1) shall —
(a) forthwith pay to him any sums due for travelling or personal
expenses in respect of his attendance to give evidence; and
(b) forward a certificate of the amount due, less any sums paid under
paragraph (a), to the Chief Registrar with the other documents to
be sent on committal;
and in the case of an order under subsection (2) or (4) shall forthwith pay
to him the amount due under the order.
(7) A certificate given under subsection (6)(b) shall be laid before the Court
of General Gaol Delivery to which the accused is committed, and that
Court shall either —
(a) direct the clerk of the court of summary jurisdiction to pay the
amount so certified in accordance with the order of that court, or
such lesser amount as the Court of General Gaol Delivery
considers should have been allowed; or
(b) include the amount so certified, or such lesser amount as
aforesaid, in the amount payable under any order made by the
Section 30 Summary Jurisdiction Act 1989


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Court of General Gaol Delivery under section 53(1) of the Criminal
Jurisdiction Act 1993 at the trial of the accused.52

(8) The Treasury shall make available to clerks of courts of summary
jurisdiction sums sufficient to make payments to be made by them under
this section.
Miscellaneous
30 Prosecutions

(1) [Repealed]53

(2) Subject to subsection (3), where under any statutory provision a person is
liable on summary conviction to any fine, forfeiture or other pecuniary
penalty, a complaint may be laid by the Attorney General or any
constable, or by any person aggrieved.
(3) Subsection (2) does not apply where the statutory provision in question
expressly confines the power to prosecute for the offence to a named
person or persons.
31 Offences relating to criminal damage

[1981/20/Sch 7]
No rule of law ousting the jurisdiction of courts of summary jurisdiction to try
offences where a dispute of property is involved shall preclude those courts
from trying offences of destroying or damaging property.
32 Corporations

(1) Where a corporation is charged, whether alone or jointly with another
person, before a court of summary jurisdiction with an offence triable on
information, the court, if it is of opinion that the evidence offered on the
part of the prosecution is sufficient to put the accused corporation on
trial, may make an order empowering the Attorney General to lay an
information in respect of the offence specified in the order; and subject to
the following provisions of this section, such an order shall be deemed to
be a committal for trial.
(2) Where the offence is an offence which in the case of an adult may be
dealt with summarily and the corporation either —
(a) does not appear before the court by a representative, or
(b) so appears and consents to the offence being so dealt with,
the court may deal with the offence summarily.
(3) Where a corporation is charged before a court of summary jurisdiction
with an offence in the case of which an individual is entitled to claim to
be tried by a jury, and the corporation either —
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c AT 15 of 1989 Page 33

(a) does not appear by a representative, or
(b) so appears but does not claim to be so tried,
the court may, subject to the provisions of this section, deal with the case
summarily.
(4) Where any person is charged jointly with a corporation before a court of
summary jurisdiction with any offence, and either that person or the
corporation by its representative —
(a) in the case of an offence triable on information, does not consent
that the offence should be dealt with summarily, or
(b) in the case of a summary offence, claims to be tried by a jury,
the court may not deal summarily with the offence in the case of the
other offender.
(5) Any answers to the questions to be put under section 16(3) or 21(2) may
be made on behalf of a corporation by its representative.
(6) In this section “representative”, in relation to a corporation, means a
person duly appointed by the corporation to represent it for the purpose
of doing anything which the representative of a corporation may do
under this section; but a person so appointed shall not be thereby
qualified to act on behalf of the corporation for any other purpose.
(7) A representative for the purposes of this section may be appointed under
hand; and a statement in writing purporting to be signed by a director,
manager or secretary of the corporation or by any other person having or
being one of the persons having the management of the affairs of the
corporation, to the effect that the person named therein has been
appointed as the representative of the corporation for the purposes of
this section, shall be admissible without further proof as evidence that
that person has been so appointed.
33 Power of court of summary jurisdiction to re-open cases to rectify

sentencing etc, mistakes

[P1980/43/142(1)-(1A)]
(1) A court of summary jurisdiction may vary or rescind a sentence or other
order imposed or made by it when dealing with an offender if it appears
to the court to be in the interests of justice to do so.
(2) The power in subsection (1) extends to replacing a sentence or order
which for any reason appears to be invalid by another which the court
has power to impose or make.
(3) The power conferred on a court of summary jurisdiction by
subsection (1) shall not be exercisable in relation to any sentence or order
imposed or made by it when dealing with an offender if —
(a) the High Court has determined an appeal against —
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Page 34 AT 15 of 1989 c

(i) that sentence or order;
(ii) the conviction in respect of which that sentence or order
was imposed or made; or
(iii) any other sentence or order imposed or made by the court
of summary jurisdiction when dealing with the offender in
respect of that conviction (including a sentence or order
replaced by that sentence or order); or
(b) the High Court has determined a case stated for the opinion of
that court on any question arising in any proceeding leading to or
resulting from the imposition or making of the sentence or order.
(4) Where a sentence or order is varied under subsection (1), the sentence or
other order, as so varied, shall take effect from the beginning of the day
on which it was originally imposed or made, unless the court otherwise
directs.54

33A Power of court of summary jurisdiction to re-open cases to rectify

mistaken conviction

[P1980/43/142(2), (2A), (3) and (5)]
(1) A court of summary jurisdiction (a reviewing court) may vary or revoke
a conviction of a person by another court of summary jurisdiction (“the
convicting court”) if —
(a) it appears to the convicting court that it would be in the interests
of justice that the case be P1980/43/heard again by a reviewing
court; and
(b) the convicting court has directed that the case be so heard.
(2) The members of the reviewing court must be different to the members of
the convicting court.
(3) A convicting court shall not make a direction under subsection (1)(b) nor
shall a reviewing court hear a case under subsection (1) if —
(a) the High Court has determined an appeal against —
(i) the conviction;
(ii) any sentence or order imposed or made by the convicting
court when dealing with the offender in respect of that
conviction; or
(b) the High Court has determined a case stated for the opinion of
that court on any question arising in any proceeding leading to or
resulting from the conviction.55

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c AT 15 of 1989 Page 35

34 Disposal of property in possession of police etc

[P1972/71/58]
(1) Where any property has come into the possession of the police or any
other person in connection with their investigation of a suspected
offence, or under section 28 (search for stolen goods) of the Theft Act 1981
or section 6 (search for things intended to commit damage) of the
Criminal Damage Act 1981, a court of summary jurisdiction may, on
application either by a constable or by a claimant of the property, —56

(a) make an order for the delivery of the property to the person
appearing to the court to be the owner thereof, or
(b) if the owner cannot be ascertained, make such order with respect
to the property as the court thinks fit.
(2) Without prejudice to the generality of subsection (1), an order under this
section may authorise the sale of any such property and the application
of the proceeds of sale, and the application of any money whose owner
cannot be ascertained, to all or any of the following purposes —
(a) the expenses of executing the order;
(b) the payment of reasonable compensation to any person by whom
the property has been delivered into the possession of the police;
(c) the making of payments for the benefit of discharged prisoners, or
of persons dependent on prisoners or discharged prisoners; or
(d) such other purposes as the court may consider expedient.
(3) Where any such property is perishable, or its custody involves
unreasonable expense or inconvenience, it may be sold by the police at
any time; and an application under this section may be made in respect
of the proceeds of sale in the same manner as could have been made in
respect of the property.
(4) An order under this section shall not affect the right of any person,
within a period of 6 months from the date of the order, to take
proceedings for the recovery of the property against any person in
possession of it by virtue of the order, but such right shall cease on the
expiration of that period.
35 Return of property taken from accused

[P1980/43/48]
(1) Where a summons or warrant has been issued requiring any person to
appear or be brought before a court of summary jurisdiction to answer to
a complaint, or any person has been arrested without a warrant for an
offence, and property has been taken from him after the issue of the
summons or warrant or, as the case may be, on or after his arrest without
a warrant, the police shall report the taking of the property, with
Section 36 Summary Jurisdiction Act 1989


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particulars of the property, to the court of summary jurisdiction which
deals with the case.
(2) If the court, being of opinion that the whole or any part of the property
can be returned to the accused consistently with the interests of justice
and the safe custody of the accused, it may direct that the property, or
such part of it as the court directs, shall be returned to the accused or to
such other person as he may require.
36 [Repealed]
57

36A Alternative verdicts

(1) Where, on the trial of a person before a court of summary jurisdiction for
any offence —
(a) the court finds that person not guilty of the offence specifically
charged in the complaint; but
(b) the allegations in the complaint amount to or include (expressly
or by implication) an allegation of another offence,
the court may find that person guilty of that other offence or of an
offence of which that person could be found guilty on a complaint
specifically charging that other offence.
(2) Before the court convicts the person of another offence under
subsection (1) it must —
(a) tell the person that the court is considering convicting that person
of the offence; and
(b) explain that offence to the person; and
(c) give that person or that person’s counsel the opportunity to
address the court in respect of that offence.
(3) For the purposes of subsection (1) an allegation of an offence shall be
taken as including an allegation of attempting to commit that offence.
(4) If on the trial of a person before a court of summary jurisdiction for an
offence the court is satisfied that the offence charged (or some other
offence of which the defendant might on that charge be found guilty)
was committed, but find the defendant not guilty of it, the court may
find the defendant guilty of any offence under section 7(1) of the Criminal
Law Act 1981 (act to impede apprehension or prosecution of offender) of
which it is satisfied that the offender is guilty in relation to the offence
charged (or that other offence).58

(5) On the trial of a person before a court of summary jurisdiction of
attempting to commit an offence, that person may be convicted of the
offence charged even though shown to be guilty of the completed
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c AT 15 of 1989 Page 37

offence, but that person is not afterwards liable to be prosecuted for the
completed offence.
(6) Subsection (5) is without prejudice to the power of the Attorney General,
at any time before a verdict, to enter a nolle prosequi.
(7) Subsections (1) to (4) apply to a complaint containing more than one
charge as if each were a separate complaint.
(8) This section is additional to but does not prejudice any other statutory
provision that provides for alternative verdicts in specific cases.59

PART III – JUVENILE COURTS

37 Constitution of juvenile courts

(1) Courts of summary jurisdiction constituted in accordance with this
section and sitting for the purposes of —
(a) hearing any charge against a child or young person, or
(b) exercising any other jurisdiction conferred on juvenile courts by
any enactment,
shall be known as juvenile courts.
(2) A panel of justices specially qualified for dealing with juvenile cases shall
be formed, and no justice shall be qualified to sit as a member of a
juvenile court unless he is a member of the panel.
(3) Rules made by the Governor shall provide —
(a) for the formation and periodical revision of the said panel of
justices;
(b) for limiting the age and number of justices who may sit as
members of a juvenile court, and for the manner in which they are
to be selected; and
(c) for one of the justices to act as chairman of the court and for the
manner in which the chairman is to be selected.
38 Assignment of certain matters to juvenile courts

(1) Subject to subsections (2) to (6), no charge against a child or young
person, and no application the hearing of which is assigned by rules to
juvenile courts, shall be heard by a court of summary jurisdiction which
is not a juvenile court.
(2) A charge made jointly against a child or young person and a person who
has attained the age of 17 years shall be heard by a court of summary
jurisdiction other than a juvenile court.
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Page 38 AT 15 of 1989 c

(3) Where a child or young person is charged with an offence, the charge
may be heard by a court of summary jurisdiction which is not a juvenile
court if a person who has attained the age of 17 years is charged at the
same time with aiding, abetting, causing, procuring, allowing or
permitting that offence.
(4) A court of summary jurisdiction which is not a juvenile court may hear a
charge against a child or young person of —
(a) aiding, abetting, causing, procuring, allowing or permitting an
offence with which a person who has attained the age of 17 years
is charged at the same time; or
(b) an offence arising out of circumstances which are the same as or
connected with those giving rise to an offence with which a
person who has attained the age of 17 years is charged at the same
time.
(5) Where, in the course of any proceedings before a court of summary
jurisdiction other than a juvenile court, it appears that the person to
whom the proceedings relate is a child or young person, nothing in
subsection (1) prevents the court, if it thinks fit to do so, from continuing
with the hearing and determination of those proceedings.
(6) No requirement in any enactment that a charge shall be brought before a
juvenile court restricts the powers of any justice to entertain an
application for bail or for a remand, and to hear such evidence as may be
necessary for the purpose.
39 Procedure in juvenile courts

(1) Juvenile courts shall sit as often as necessary for the purpose of
exercising any jurisdiction conferred on them by any enactment.
(2) A juvenile court shall normally not sit in a room in which sittings of a
court other than a juvenile court are held, if a sitting of that other court
has been or will be held there within an hour before or after the sitting of
the juvenile court, unless the court otherwise determines.
(3) No person shall be present at any sitting of a juvenile court except —
(a) members and officers of the court;
(b) parties to the case before the court, their advocates and witnesses
and other persons directly concerned in that case;
(c) bona fide representatives of newspapers or news agencies; and
(d) such other persons as the court may specially authorise.
40 Miscellaneous powers of juvenile courts

(1) A juvenile court sitting for the purpose of hearing a charge against a
person who is believed to be a child or young person may, if it thinks fit
Summary Jurisdiction Act 1989 Section 41


c AT 15 of 1989 Page 39

to do so, proceed with the hearing and determination of the charge,
notwithstanding that it is discovered that the person in question is not a
child or young person.
(2) The attainment of the age of 17 years by a person in whose case a
probation order or an order for conditional discharge has been made, or
on whom a suspended sentence of imprisonment or youth custody has
been passed, shall not deprive a juvenile court of jurisdiction to enforce
his attendance and deal with him in respect of any failure to comply with
the requirements of the probation order or the commission of a further
offence, or to amend or discharge the probation order.
(3) Where a juvenile court has remanded a child or young person for
information to be obtained with respect to him, any other juvenile
court —
(a) may in his absence extend the period for which he is remanded,
but so that he appears before a court or a justice at least once in
every 28 days; and
(b) when the required information has been obtained, may deal with
him finally.
41 [Repealed]
60

PART IV – CIVIL JURISDICTION AND PROCEDURE

42 Application of Part IV

This Part applies to any complaint to a court of summary jurisdiction, other than
a complaint that a person has, or is suspected of having, committed an offence.
43 Hearing

[1983/13/57 and 58; P1980/43/51-54]
(1) Subject to the provisions of this Part, where a complaint is made to a
justice or to the clerk of a court of summary jurisdiction upon which the
court has power to make an order against any person, the justice or clerk
may fix a time and place for the hearing of the complaint by a court of
summary jurisdiction; and the complainant shall cause particulars of the
complaint and notice of the time and place of the hearing to be served on
that person.
(2) On the hearing of the complaint, the court shall, if the defendant appears,
state to him the substance of the complaint.
(3) The court, after hearing the evidence and the parties, shall make the
order for which the complaint is made or dismiss the complaint.
(4) Where the complaint or petition is for an order for —
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Page 40 AT 15 of 1989 c

(a) the payment of a sum of money, or
(b) the variation of the rate of any periodical payments ordered by a
court of summary jurisdiction to be made, or
(c) such other matter as may be prescribed,
the court may make the order with the consent of the defendant without
hearing evidence.
(5) A court of summary jurisdiction may at any time, whether before or after
beginning to hear a complaint, adjourn the hearing.61

(6) The court may when adjourning either —
(a) fix the time and place at which the hearing is to be resumed or,
(b) unless it remands the defendant under section 44, leave the time
and place to be determined later by the court;
but the hearing shall not be resumed at a time and place so determined
unless the court is satisfied that the parties have had adequate notice
thereof.
44 Non-appearance of defendant

[1983/13/59; P1980/43/55]
(1) Subject to subsection (3), where at the time and place appointed for the
hearing or adjourned hearing of a complaint the complainant appears
but the defendant does not, the court may proceed in his absence.
(2) Where the court, instead of proceeding in the absence of the defendant
adjourns, or further adjourns the hearing, the court may, if the complaint
has been substantiated on oath, issue a warrant for his arrest.
(3) The court shall not begin to hear a complaint in the absence of the
defendant or issue a warrant under this section unless either —
(a) it is proved to the satisfaction of the court, on oath or in such
other manner as may be prescribed, that notice of the time and
place of the hearing or adjourned hearing was served on the
defendant within what appears to the court to be a reasonable
time before the hearing, or
(b) the defendant has appeared on a previous occasion to answer to
the complaint.
(4) Where the defendant fails to appear at an adjourned hearing, the court
shall not issue a warrant under this section unless it is satisfied that he
has had adequate notice of the time and place of the adjourned hearing.
(5) Subject to subsection (6), where the defendant is arrested under a
warrant issued under this section, the court may, on any subsequent
adjournment of the hearing, remand him.
Summary Jurisdiction Act 1989 Section 45


c AT 15 of 1989 Page 41

(6) The court shall not issue a warrant or remand a defendant under this
section, or further remand him under section 85, after he has given
evidence in the proceedings.
(7) Where the court remands the defendant, the time fixed for the
resumption of the hearing shall be that at which he is required to appear
or to be brought before the court in pursuance of the remand.
45 Non-appearance of complainant

[1983/13/60; P1980/43/56]
Where at the time and place appointed for the hearing or adjourned hearing of a
complaint the defendant appears but the complainant does not, the
court may —
(a) dismiss the complaint, or
(b) if evidence has been received on a previous occasion, proceed in
the absence of the complainant.
46 Non-appearance of both parties

[1983/13/61; P1980/43/57]
Where at the time and place appointed for the hearing or adjourned hearing of a
complaint neither the complainant nor the defendant appears, the court may
dismiss the complaint.
47 Costs

[1983/13/67; P1980/43/64]
(1) On the hearing of a complaint, a court of summary jurisdiction may in its
discretion make such order as to costs —
(a) on making the order for which the complaint is made, to be paid
by the defendant to the complainant;
(b) on dismissing the complaint, to be paid by the complainant to the
defendant,
as it thinks just and reasonable.
(2) The amount of any sum ordered to be paid under subsection (1) shall be
specified in the order, or order of dismissal, as the case may be.
(3) This section has effect subject to any other enactment enabling a court of
summary jurisdiction to order one party to pay another party’s costs.
Section 48 Summary Jurisdiction Act 1989


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PART V – DOMESTIC PROCEEDINGS

Domestic proceedings
48 Meaning of “domestic proceedings”

[1983/13/53; P1980/43/53]
(1) Subject to subsection (2), in this Part “domestic proceedings
” means
proceedings under any of the following enactments —
(a) [Repealed]62

(b) [Repealed]63

(c) and (d) [Repealed]64

(e) section 106 of the Social Security Administration Act 1992 (as that
section has effect on the Island);65

(f) section 25 of the Matrimonial Proceedings Act 2001;66

(g) the Maintenance Orders (Reciprocal Enforcement) Act 1995;67

(h) Part 3 of the Matrimonial Proceedings Act 2003;68

(ha) paragraphs 59 to 61 of Schedule 5 to the Civil Partnership Act
2011;69

(i) Part 1 or 2 of, or paragraph 3 of Schedule 3 to, the Children and
Young Persons Act 2001;70

(j) section 55.71

(2) Subject to subsection (3), “domestic proceedings” does not include —
(a) proceedings for the enforcement of any order made, confirmed or
registered under any of the enactments mentioned in
subsection (1);
(b) proceedings for the variation of a periodical payments order
made, confirmed or varied under any of those enactments; or
(c) proceedings in respect of the commission of an offence under any
of those enactments.
(3) The court before whom there fall to be heard any of the following
proceedings —
(a) proceedings for the enforcement of any order made, confirmed or
registered under any of the enactments mentioned in
subsection (1);
(b) proceedings for the variation of a periodical payments order
made, confirmed or varied under any of those enactments;
(c) proceedings for an attachment of earnings order in relation to a
maintenance order within the meaning of the Administration of
Justice Act 1981 or for the discharge or variation of such an order;
Summary Jurisdiction Act 1989 Section 49


c AT 15 of 1989 Page 43

may if it thinks fit order that those proceedings and any other
proceedings to be heard therewith shall, notwithstanding anything in
subsection (2), be treated as domestic proceedings for the purposes of
this Part.
(4) Where the same parties are parties —
(a) to proceedings which are domestic proceedings by virtue of
subsection (1), and
(b) to proceedings which the court has power to treat as domestic
proceedings by virtue of subsection (3),
and the proceedings are heard together by a court of summary
jurisdiction, the whole of those proceedings shall be treated as domestic
proceedings for the purpose of this Part.
(5) No appeal shall lie from the making of, or refusal to make, an order
under subsection (3).
49 Composition of courts for domestic proceedings

[1983/13/55; P1980/43/66]
(1) Subject to subsection (2), a court of summary jurisdiction when hearing
domestic proceedings shall be composed of the High Bailiff or not more
than 3 justices, including, so far as practicable, both a man and a woman.
(2) A court of summary jurisdiction when hearing an application in
domestic proceedings (except proceedings falling within section 48(1)(g))
for the making of an order for financial provision for or in respect of a
child who is not a marital child shall consist of the High Bailiff unless the
father has parental responsibility for the child.72

(3) Nothing in subsection (2) precludes any other court of summary
jurisdiction from making an order varying, revoking or reviving such an
order.73

(4) In this section “marital child” and “parental responsibility” have the
same meanings as in the Children and Young Persons Act 2001.74

50 Sittings of courts for domestic proceedings

[1983/13/56; P1980/43/56]
(1) The business of courts of summary jurisdiction shall, so far as is
consistent with the due dispatch of business, be arranged in such manner
as may be requisite for separating the hearing and determination of
domestic proceedings from other business.
(2) No person shall be present during the hearing and determination of
domestic proceedings by a court of summary jurisdiction except —
(a) officers of the court;
Section 51 Summary Jurisdiction Act 1989


Page 44 AT 15 of 1989 c

(b) parties to the case before the court, their advocates, witnesses and
other persons directly concerned in the case;
(c) bona fide representatives of newspapers or news agencies;
(d) any other person whom the court may in its discretion permit to
be present, but so that permission shall not be withheld from a
person who appears to the court to have adequate grounds for his
attendance.
(3) When hearing domestic proceedings, a court of summary jurisdiction
may, if it thinks necessary in the interests of the administration of justice
or of public decency, direct that any persons (except officers of the court,
the parties to the case, the parties’ advocates or other persons directly
concerned in the case), be excluded during the taking of any indecent
evidence.
(4) The powers conferred on a court of summary jurisdiction by this section
shall be in addition and without prejudice to any other powers of the
court to hear proceedings in camera.
51 Restrictions on reports of domestic proceedings

[1983/13/62; P1980/43/71]
(1) It shall not be lawful to publish in the Island a written report, or to
include in a relevant programme for reception in the Island a report, of
any domestic proceedings containing any matter other than —
(a) the names, addresses and occupations of the parties and
witnesses;
(b) the grounds of the complaint, and a concise statement of the
charges, defences and counter-charges in support of which
evidence has been given;
(c) submissions on any point of law arising in the course of the
proceedings and the decision of the court on the submissions;
(d) the decision of the court, and any observations made by the court
in giving it.75

(2) If a report is published, or included in a relevant programme in
contravention of this section, the following persons —
(a) in the case of a publication of a written report as part of a
newspaper or periodical, any proprietor, editor or publisher of the
newspaper or periodical;
(b) in the case of a publication of a written report otherwise than as
part of a newspaper or periodical, the person who publishes it;
(c) in the case of the inclusion of a report in a relevant programme,
any body corporate which is engaged in providing the service in
which the programme is included and any person having
Summary Jurisdiction Act 1989 Section 52


c AT 15 of 1989 Page 45

functions in relation to the programme corresponding to those of
an editor of a newspaper;76

(d) [Repealed]77

shall be guilty of an offence and liable on summary conviction to a fine
not exceeding £5,000.78

(3) Proceedings for an offence under this section shall not be instituted
otherwise than by or with the consent of the Attorney General.
(4) Nothing in this section prohibits the printing or publishing of any matter
in a newspaper or periodical of a technical character bona fide intended
for circulation among members of the legal or medical professions.
52 Report by probation officer on parties’ means

[1983/13/63; P1980/43/72]
(1) In any domestic proceedings in which an order may be made for the
payment of money by any person, or in any proceedings for the
enforcement or variation of any such order, a court of summary
jurisdiction may request a probation officer to investigate the means of
the parties to the proceedings, and the court may direct the probation
officer to report the result of his investigations to the court in accordance
with this section.
(2) No direction under subsection (1) shall be given until the court has
determined all issues arising in the proceedings other than the amount to
be directed to be paid by such an order.
(3) Where the court gives a direction under subsection (1), the court may
require the probation officer to furnish a statement in writing, or to make
an oral statement, about his investigations.
(4) Where the court requires a probation officer to make a statement in
writing under subsection (3) —
(a) a copy of the statement shall be given to each party to the
proceedings or to his advocate at the hearing; and
(b) the court may, if it thinks fit, require that the statement, or such
part of it as the court may specify, shall be read aloud at the
hearing.
(5) The court may, and if requested to do so at the hearing by a party to the
proceedings or his advocate shall, require the probation officer to give
evidence about his investigation, and if the officer gives such evidence,
any party to the proceedings may give or call evidence with respect to
any matter referred to either in the statement or in the evidence given by
the officer.
(6) Any statement made by a probation officer in a statement furnished or
made by him under subsection (3), or any evidence which he is required
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to give under subsection (4), may be received by the court as evidence,
notwithstanding any enactment or rule of law relating to the
admissibility of evidence.
53 Examination of witnesses by court

[1983/13/64; P1980/43/73]
Where in any domestic proceedings, or in any proceedings for the enforcement
or variation of an order made in domestic proceedings, it appears to a court of
summary jurisdiction that any party to the proceedings who is not legally
represented is unable effectively to examine or cross-examine a witness, the
court shall ascertain from the party what are the matters about which the
witness may be able to depose or on which he ought to be cross-examined, as
the case may be, and shall put, or cause to be put, to the witness such questions
in the interests of that party as may appear to the court to be proper.
Orders in domestic proceedings
54 Periodical payment through Chief Registrar

[1983/13/68; 1985/7/1/3; P1980/43/59]
(1) Where a court of summary jurisdiction makes a periodical payments
order, the court may order that the payments shall be made to the Chief
Registrar.79

(2) The court shall exercise its power under subsection (1) on making an
order under —
(a) Schedule 1 to the Children and Young Persons Act 2001;
(b) Part 3 of the Matrimonial Proceedings Act 2003; or
(c) Schedule 6 to the Civil Partnership Act 2011,
unless satisfied that it is undesirable to do so because of representations
expressly made about the matter by the recipient of the periodical
payments.80

(3) Without prejudice to subsections (1) and (2), a court of summary
jurisdiction making a periodical payments order may order that the
payment shall be made to some third party on behalf of the person for
whose benefit the payments are to be made instead of directly to that
person.
(4) Nothing in this section affects any right of a person to proceed in his own
name for the recovery of sums payable on his behalf under an order of
any court.
(5) The accounts of the Chief Registrar relating to the sums paid to or
through him under this section shall be inspected in accordance with the
Audit Act 2006.81

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c AT 15 of 1989 Page 47

55 Revocation etc of periodical payments orders

[1983/13/69; P1980/43/60]
(1) Where a court of summary jurisdiction has made a periodical payments
order, the court may by order revoke, revive or vary the order.
(2) The power to vary an order by virtue of this section includes power to
suspend the operation of any provision of the order temporarily and to
revive the operation of any provision so suspended.
56 Periodical payments due under more than one order

[1983/13/70; P1980/43/61]
(1) Where periodical payments are required to be made to any person by
another person under more than one periodical payments order,
proceedings for the recovery of the payments may be brought by way of
one complaint.
(2) Where 2 or more periodical payments orders require payments to be
made by a person to the Chief Registrar and —
(a) one of those orders requires payments to be made for the benefit
of a minor who has his home with the person to whom the
payments fall to be made, and
(b) one or more of those orders requires payment to be made to that
person either for his own benefit or for the benefit of another
minor who has his home with him,
any sums paid to the Chief Registrar under those orders which are less
than the total sums required to be paid to him under them shall be
apportioned in such manner as may be prescribed.82

(3) Any payments required under a periodical payments order to be made
to a minor shall for the purposes of subsection (1) or (2) be treated as if
they were required to be made to the person with whom the minor has
his home.
57 Payments to be made to a minor etc

[1983/13/71; P1980/43/62]
(1) Where —
(a) periodical payments are required to be made, or a lump sum is
required to be paid, to a minor under an order made by a court of
summary jurisdiction; or
(b) periodical payments are required to be made to a minor under an
order registered in a court of summary jurisdiction,
any sum required under the order to be paid to the minor may be paid to
the person with whom the minor has his home, and that person —
Section 58 Summary Jurisdiction Act 1989


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(i) may proceed in his own name for the variation, revival or
revocation of the order, and
(ii) may either proceed in his own name for the recovery or
any sum required to be paid under the order or, in the case
of a periodical payments order, request the Chief Registrar
to proceed under section 93 for the recovery of that sum.83

(2) Where a minor has a right under any enactment to apply for the revival
of an order made by a court of summary jurisdiction which provided for
the making of periodical payments to or for the benefit of the minor, the
person with whom the minor has his home may proceed in his own
name for revival of that order.
(3) Where any person by whom periodical payments are required to be
made to a minor under an order made by a court of summary
jurisdiction makes a complaint for the variation or revocation of that
order, the person with whom the minor has his home may answer the
complaint in his own name.
(4) Nothing in subsections (1) and (2) affects the right of a minor to proceed
in his own name for the variation, revival or revocation of an order or for
the recovery of any sum payable thereunder.
(5) For the purposes of this section and section 56(3) the person with whom
a minor has his home —
(a) in the case of a minor who is being looked after by the
Department of Health and Social Care (within the meaning of the
Children and Young Persons Act 2001), is that Department;84

(b) otherwise, is the person who, disregarding any absence of the
minor at a hospital or boarding school and any other temporary
absence, has the care of him.85

58 Power to remit arrears

[1983/13/74; P1980/43/95]
On the hearing of a complaint for the enforcement, variation, revival or
revocation of a periodical payments order, the court may remit the whole or any
part of the sum due under the order.
PART VI – WITNESSES AND EVIDENCE

Witnesses
59 Attendance of witnesses

[P1980/43/97]
(1) Where a justice is satisfied —
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(a) that any person is likely to be able to give material evidence, or
produce any document or thing likely to be material evidence, at
an inquiry, at the summary trial of an offence, or on the hearing of
a complaint by a court of summary jurisdiction, and
(b) that the person will not voluntarily attend as a witness or produce
the document or thing,
the justice shall issue a summons directed to that person requiring him to
attend before the court at the time and place appointed in the summons
to give evidence or to produce the document or thing.
(2) If a justice is satisfied by evidence on oath of the matters mentioned in
subsection (1), and also that it is probable that a summons under that
subsection would not procure the attendance of the person in question,
the justice may instead of issuing a summons issue a warrant to arrest
that person and bring him before such a court at a time or place specified
in the warrant.
(3) On the failure of any person to attend before a court of summary
jurisdiction in answer to a summons under this section, if —
(a) the court is satisfied by evidence on oath that he is likely to be
able to give material evidence or produce any document or thing
likely to be material evidence in the proceedings; and
(b) it is proved on oath, or in such other manner as may be
prescribed, that he has been duly served with the summons, and
that a reasonable sum has been paid or tendered to him for costs
and expenses; and
(c) it appears to the court that there is no just excuse for the failure,
the court may issue a warrant to arrest him and bring him before the
court at a time and place specified in the warrant.
(4) Without prejudice to subsection (3), where —
(a) a person is summoned under this section to attend before a court
of summary jurisdiction, and
(b) a reasonable sum is paid or tendered to him for costs and
expenses, and
(c) he fails without reasonable excuse to attend in answer to the
summons,
he shall be guilty of an offence and liable on summary conviction to a
fine not exceeding £5,000.
(5) If any person attending or brought before a court of summary
jurisdiction refuses without just excuse to be sworn or give evidence, or
to produce any document or thing, the court may commit him to custody
until the expiration of such period not exceeding 7 days as may be
specified in the warrant or until he sooner gives evidence or produces
the document or thing.
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Page 50 AT 15 of 1989 c

(6) The powers conferred by subsection (5) may be exercised from time to
time after adjournment of the proceedings, but so that the total period of
imprisonment shall not exceed 28 days in the case of the summary trial of
an offence or the hearing of a complaint.
(7) At an inquiry by a court of summary jurisdiction, the court may bind any
witness by recognizance to appear at the trial of the accused and give
evidence against him, and if a witness refuses to be bound the court may
by warrant commit him to prison until the trial unless in the meantime
he enters into a recognizance.
(8) Where a witness has been committed under subsection (7) and
afterwards the person accused is discharged, the court shall order the
witness also to be discharged.
60 Protection from civil arrest

(1) Any person who is in good faith summoned from any place outside the
Island as a witness to appear, or who attends from any such place at the
request of any party, at any trial or inquiry before a court of summary
jurisdiction shall not be liable to be arrested in any civil proceedings
from the time of his arrival in the Island until the expiration of 10 days
after the end of the trial or inquiry.
(2) The court before whom such a person is summoned or attends shall
discharge him from any arrest in civil proceedings unless he waives his
privilege under subsection (1).
(3) Where a person has waived any privilege to which he is entitled under
subsection (1), he may not afterwards object to any such arrest.
(4) Any arrest knowingly made contrary to subsection (1) shall be void and
shall constitute a contempt, on the part of the person on behalf of whom
it is made, of the court before whom the person concerned is summoned
or attends.
(5) The privilege conferred by subsection (1) extends only to exemption from
arrest, and not to the service of a summons (except in the case of service
in the presence of the court).
61 Binding over of witnesses

(1) This section applies where a person charged before a court of summary
jurisdiction with an offence triable on information is committed for trial,
and it appears to the court, after taking into account any representations
made by the prosecutor or the accused, that the attendance at the trial of
any witness who has been examined before them is unnecessary by
reason of —
(a) anything contained in a statement by the accused, or
(b) the accused having pleaded guilty to the charge, or
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(c) the evidence of the witness being merely of a formal nature.
(2) If the witness has not already been bound over, the court may bind him
over to attend the trial conditionally on notice given to him.
(3) If the witness has already been bound over, the court may direct that he
shall be treated as having been bound over to attend only conditionally
on notice given to him.
(4) The court shall on committing the accused for trial inform him of his
right to require the attendance at the trial of any such witnesses, and of
the steps which he must take for enforcing their attendance.
Evidence: general
62 Evidence on oath

[P1980/43/98]
Subject to the provisions of any enactment or rule of law authorising the
reception of unsworn evidence, evidence given before a court of summary
jurisdiction shall be given on oath.
62A Confessions by mentally handicapped persons

In any case where at the summary trial of a person for an offence it appears to
the court that a warning under section 17 (confessions by mentally handicapped
persons) of the Criminal Jurisdiction Act 1993 would be required if the trial were
on information, the court shall treat the case as one in which there is a special
need for caution before convicting the accused on his confession.86

63 Note of evidence

(1) On the summary trial of a complaint, a court of summary jurisdiction —
(a) if required by either party or his advocate, or
(b) if the court considers it expedient to do so,
shall take or cause to be taken a note in writing of the evidence, or so
much of it as is material, in a book to be kept by the clerk of the court.
(2) The note of the evidence shall be signed by one of the justices by whom
the complaint is heard on the day on which it is determined.
64 Proof of non-payment of fine etc

[1983/13/66; 1985/7/1/2; P1980/43/99]
Where a court of summary jurisdiction has ordered a person to pay to another
any sum of money, and proceedings are taken before any court to enforce
payment of that sum then —
Section 65 Summary Jurisdiction Act 1989


Page 52 AT 15 of 1989 c

(a) if the person to whom the sum is ordered to be paid is the Chief
Registrar, a certificate purporting to be signed by the Chief
Registrar that the sum has not been paid to him;87

(b) if that person is a Department, a Statutory Board or a local
authority, a certificate purporting to be signed by an officer of the
Department, Board or authority that the sum has not been paid
to it;
(c) in any other case, a document purporting to be a statutory
declaration by the person to whom the sum is ordered to be paid
that the sum has not been paid to him,
shall be admissible in evidence that the sum has not been so paid, unless the
court requires the Chief Registrar, officer or other person to be called as a
witness.88

65 Statement of wages to be evidence

[1983/13/65; P1980/43/100]
A statement in writing to the effect that wages of any amount have been paid to
a person during any period, purporting to be signed by or on behalf of his
employer, shall be evidence of the facts stated therein in any proceedings before
a court of summary jurisdiction for enforcing payment by the person to whom
the wages are stated to have been paid of a sum adjudged to be paid by a
summary conviction or order.
66 Onus of proving exceptions etc

[P1980/43/101]
(1) Where the defendant to a complaint relies in his defence on any
exception, exemption, proviso, excuse or qualification, whether or not it
accompanies the description of the offence or matter of complaint in the
statutory provision creating the offence or on which the complaint is
founded, the burden of proving the exception, exemption, proviso,
excuse or qualification shall be on him.
(2) Subsection (1) applies notwithstanding that the complaint contains an
allegation negativing the exception, exemption, proviso, excuse or
qualification.
67 Proof of convictions

[P1980/43/104]
Where a person is convicted of an offence by a court of summary conviction,
other than a juvenile court, and —
(a) it is proved to the satisfaction of the court, on oath or in such
other manner as may be prescribed, that not less than 7 days
previously a notice was served on the accused in the prescribed
form and manner and specifying any alleged previous conviction
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c AT 15 of 1989 Page 53

of the accused of a summary offence proposed to be brought to
the notice of the court in the event of his conviction of the offence
charged; and
(b) the accused is not present in person before the court,
the court may take account of any such previous conviction so specified as if the
accused had appeared and admitted it.
68 Deposition of dying person

[P1980/43/105; SI81/552/33]
(1) Where a person (“the deponent”) appears to a justice to be able and
willing to give material information relating to an offence triable on
information or to a person accused of such an offence, and —
(a) the justice is satisfied on a representation made by a qualified
medical practitioner that the deponent is dangerously ill and not
likely to recover; and
(b) it is not practicable for examining justices to take the evidence of
the deponent in accordance with the provisions of this Act and of
rules,
the justice may take in writing the deposition of the deponent on oath.
(2) Where a deposition under subsection (1) relates to an offence with which
a person has been charged, the justice shall give the person, whether the
prosecutor or the accused, against whom it is proposed to use it
reasonable notice of the intention to take the deposition, and shall give
that person or his advocate full opportunity of cross-examining the
deponent.
(3) The justice shall sign the deposition and add to it a statement of his
reason for taking it, the date when and the place where it was taken and
the names of any persons present when it was taken, and shall send the
deposition with the statement to the Chief Registrar.
(4) A deposition under this section may be given in evidence at an inquiry
into a complaint against the accused or in respect of the offence to which
the deposition relates, if it is proved to the satisfaction of the court that
subsection (2) was complied with in relation thereto.
69 Certificate of conviction or order

(1) If so required by either party to any proceedings in a court of summary
jurisdiction, the clerk of the court shall, on payment of the prescribed fee,
deliver to him a certificate in the prescribed form of any conviction or
order made in the proceedings, signed by the justice or one of the justices
who made it.
Section 70 Summary Jurisdiction Act 1989


Page 54 AT 15 of 1989 c

(2) A certificate under subsection (1) shall be a good form of conviction or
order for any purpose for which any form of conviction or order may be
required.
(3) A certificate under subsection (1), signed in accordance with that
subsection, shall be conclusive evidence of the conviction or order in
question; and a certificate of a conviction or order purporting to be so
signed shall be deemed to be so signed unless the contrary is proved.
Committal proceedings
70 Evidence at inquiry

(1) Subject to section 71, evidence may be adduced at an inquiry either orally
or by written statements in accordance with subsection (4), or both.
(2) Subject to subsection (3), where evidence at an inquiry is given orally —
(a) it shall be given in the presence of the accused, and he or his
advocate may put questions to the witness;
(b) the court shall cause the evidence of each witness to be put into
writing, and the deposition to be read to him in the presence and
hearing of the accused, and require the witness to sign the
deposition; and
(c) the depositions shall be authenticated by a certificate signed by
one of the justices.
(3) Oral evidence at an inquiry may be given, and any deposition read, in
the absence of the accused if —
(a) the court considers that by reason of his disorderly conduct before
them it is not practicable for the evidence to be given or the
deposition read in his presence; or
(b) he cannot be present for reasons of health but is represented by an
advocate and has consented to the evidence being given or the
deposition read in his absence; or
(c) the court is satisfied that there are exceptional reasons which
make it impracticable for the accused to be present and that —
(i) the accused has consented to the evidence being given or
the deposition being read in his absence; and
(ii) he is represented by an advocate; and
(iii) no prejudice is likely to be caused to the accused by his
absence.89

(4) A written statement may not be put in evidence at an inquiry unless it
complies with the following conditions —
(a) it purports to be signed by the maker;
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(b) it contains a declaration by the maker to the effect that it is true to
the best of his knowledge and belief and —
(i) that he makes it knowing that, if it is put in evidence, he
will be liable to prosecution if he wilfully states in it
anything which he knows to be false or does not believe to
be true;
(ii) if it indicates under paragraph (d) that he is under the age
of 14 years, that he understands the importance of telling
the truth in it;
(c) a copy of it is given by the party tendering it to every other party
to the proceedings;
(d) if the maker is under the age of 18 years, it gives his age;
(e) if he cannot read, it is read to him before he signs it and is
accompanied by a declaration by the person so reading it to the
effect that it was so read;
(f) if it refers to any other document as an exhibit, the copy given to
any other party under paragraph (c) is accompanied by a copy of
that document or by such information as may be necessary in
order to enable the party to whom it is given to inspect that
document or a copy of it.
(5) In respect of statements made outside the Island —
(a) subsection (4)(a) shall not apply if the statement has been
obtained pursuant to a letter of request issued under section 20 of
the Criminal Justice Act 1991; and
(b) sub-paragraphs (i) and (ii) of subsection (4)(b) shall not apply.90

71 Written statements: further provisions

(1) So much of any written statement as is put in evidence at an inquiry
shall, unless the court commits the accused for trial under section 6(2) or
it otherwise directs, be read aloud at the inquiry; and where the court so
directs, an account shall be given orally of so much of any statement as is
not read aloud.
(2) Any document or object referred to as an exhibit and identified in a
written statement shall be treated as if it had been produced as an exhibit
and identified in court by the maker of the statement.
(3) The maker of a written statement shall be treated for the purpose of
section 61 as a person who has been bound over to attend the trial
conditionally on notice.
(4) If any person in a written statement intentionally makes a statement
material to the inquiry which he knows to be false or does not believe to
be true, he shall be guilty of an offence and liable on conviction on
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information to imprisonment for a term not exceeding 2 years or a fine or
both.
(5) The Perjury Act 1952 shall have effect as if subsection (4) were contained
in that Act.
(6) Subsections (4) and (5) do not apply to a written statement made outside
the Island.
(7) Notwithstanding that a written statement made by any person may be
admissible at an inquiry by virtue of section 70, the court may of its own
motion or on the application of any party to the proceedings require him
to attend before the court and give evidence.
(8) In this section “written statement” means a statement put in evidence at
an inquiry under section 70.
72 Evidence of children

[P1980/43/103; P1988/33/33]
(1) At any inquiry by a court of summary jurisdiction into an offence to
which this section applies —
(a) a child shall not be called as a witness for the prosecution; but
(b) any statement made by or taken from a child shall be admissible
in evidence of any matter of which his oral testimony would be
admissible,
except where the operation of this section is excluded by subsection (3).
(2) This section applies to —
(a) any offence which involves an assault on, or injury or a threat of
injury to, a person;
(b) an offence under section 1 (cruelty) of the Children and Young
Persons Act 1966;
(c) an offence under the Sexual Offences Act 19671 or section 1
(indecency with children) of the Criminal Law Act 1981;
(d) an offence consisting of attempting or conspiring to commit, or of
aiding, abetting, counselling, procuring or inciting the
commission of, an offence falling within paragraph (a), (b) or (c).
(3) This section does not apply —
(a) where at or before the time when the statement is tendered in
evidence the defence objects to its admission; or
(b) where the prosecution requires the attendance of the child for the
purpose of establishing the identity of any person; or
1 Editorial Note: This Act was repealed and re-enacted by the Sexual Offences Act 1992.
Summary Jurisdiction Act 1989 Section 73


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(c) where the court is satisfied that it has not been possible to obtain
from the child a statement that may be given in evidence under
this section; or
(d) where the inquiry into the offence takes place after the court has
discontinued to try it summarily and the child has given evidence
in the summary trial.
False statements
73 False statements in certificates etc

[P1980/43/107]
If, in any solemn declaration, certificate or other writing made or given for the
purpose of its being used in pursuance of any provision of this Act or of rules as
evidence of the service of any document or the handwriting or seal of any
person, a person —
(a) makes a statement that he knows to be false in a material
particular, or
(b) recklessly makes a statement that is false in a material particular,
he shall be guilty of an offence and liable on summary conviction to
imprisonment for a term not exceeding 6 months or a fine not exceeding £5,000,
or both.
PART VII – PROCEDURE- GENERAL PROVISIONS

Appearances
74 Appearance by an advocate

[P1980/43/122]
(1) A party to any proceedings before a court of summary jurisdiction may
be represented by an advocate.
(2) Appearance by a party by an advocate shall not satisfy any statutory
provision or a condition of a recognizance expressly requiring his
presence in person; but otherwise an absent party so represented shall be
deemed not to be absent.
Limitation of time
75 Limitation of time

[1981/20/Sch 7; P1980/43/127]
(1) Except as otherwise expressly provided by any statutory provision and
subject to subsection (2), a court of summary jurisdiction shall not hear a
Section 76 Summary Jurisdiction Act 1989


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complaint unless the complaint was made within 6 months from the time
when the offence was committed or the matter of complaint arose.
(2) Nothing in —
(a) subsection (1), or
(b) subject to subsection (4), any other statutory provision (however
framed or worded) which, as regards any offence to which it
applies, would but for this section impose a time-limit on the
power of a court of summary jurisdiction to try a complaint
summarily or impose a limitation on the time for taking summary
proceedings,
shall apply in relation to an offence triable on information.
(3) Without prejudice to the generality of paragraph (b) of subsection (2),
that paragraph includes enactments which impose a time limit that
applies only in certain circumstances (for example, where the
proceedings are not instituted by or with the consent of the Attorney
General or some other specified authority).
(4) Where, as regards any offence triable on information, there is imposed by
any enactment (however framed or worded, and whether or not falling
within subsection (2)(b)) a limitation on the time for taking proceedings
on information for that offence, no summary proceedings for that offence
shall be taken after the latest time for taking proceedings on information.
Forms of proceedings
76 Forms of complaint etc

(1) Any complaint, summons, warrant or other document issued or made
for the purpose of or in connection with any proceedings before a court
of summary jurisdiction shall contain —
(a) in the case of proceedings for an offence, a short statement
describing the offence with which the accused is charged,
including a reference to the statutory provision creating the
offence, together with such particulars as may be necessary for
giving reasonable information as to the nature of the charge;
(b) in any other case, a short statement of the cause of complaint.
(2) Any statement or particulars under subsection (1) shall use ordinary
language and avoid as far as possible the use of technical terms.
(3) In the case of an offence created by a provision contained in an Act of
Parliament, or in an instrument of a legislative character made under any
such Act, and having effect in the Island (whether by virtue of any such
Act or instrument or by virtue of an Act of Tynwald or of an instrument
made under any such Act), the statement under subsection (1)(a) may
refer to the provision “as it has effect in the Isle of Man”, without more.
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(4) Any summons or warrant so issued shall be signed by the justice by
whom it is issued.
(5) No warrant of arrest may be signed in blank.
77 Defect in process

[P1980/43/123]
(1) No objection shall be allowed to any complaint, or to any summons or
warrant to procure the presence of the accused or defendant, for any
defect in it in substance or form, or for any variance between it and the
evidence adduced on behalf of the complainant at the hearing of the
complaint.
(2) If it appears to a court of summary jurisdiction that any variance
between a summons or warrant and the evidence adduced on behalf of
the complainant is such that the accused or defendant has been misled by
the variance, the court shall on the application of the accused or
defendant adjourn the hearing.
78 Order books

(1) The Chief Registrar shall keep order books for the entry therein of
convictions or orders made by courts of summary jurisdiction.91

(2) Order books shall be in such form as the Chief Registrar, after
consultation with the High Bailiff, may determine.92

(3) [Repealed]93

(4) After a complaint is heard and determined by a court of summary
jurisdiction, the court shall cause an entry to be made in the order book
setting out the substance of the charge or application and the decision,
and such other particulars as may be required by the form of the book.
(5) Every entry under subsection (4) shall be made by a justice present or by
the clerk of the court under his direction, and a justice present shall sign
at the end the entries to which the proceedings relate.
(6) An entry so made shall be deemed for all purposes to be a conviction or
order of the court, as the case may be.
79 Copies of proceedings

(1) Copies of any proceedings of a court of summary jurisdiction shall be
furnished to any party requiring the same by the Chief Registrar, on
payment of such fee as may be prescribed.94

(2) Any such copy certified under the hand of the Chief Registrar shall be
received in evidence in all courts.95

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(3) No copy of any proceedings, other than a complaint, may be furnished
before the close of the proceedings except by leave of the court.
Summonses and warrants
80 Service of process

[1986/21/2 and 4; 1983/13/54; SI81/552/99; SI83/523/15]
(1) Service of any summons issued by a justice on a person other than a
corporation may be effected —
(a) by delivering it to the person to whom it is directed; or
(b) by leaving it for him with some person at his last known or usual
place of abode; or
(c) by sending it by post in a letter addressed to him at his last known
or usual place of abode.
(2) Subject to subsection (3), if the person summoned fails to appear, service
of a summons in the manner authorised by subsection (1)(b) or (c) shall
not be treated as proved unless it is proved that the summons came to
his knowledge; and for that purpose any letter or other communication
purporting to be written by him or on his behalf in such terms as
reasonably to justify the inference that the summons came to his
knowledge shall be admissible as evidence of that fact.
(3) Subsection (2) shall not apply to any summons in respect of a summary
offence served in the manner authorised by subsection (1)(b) or, if the
summons was sent to an address in the British Islands in a registered
letter or by the recorded delivery service, subsection (1)(c).
(4) Service of a summons issued by a justice on a corporation may be
effected by delivering it at, or sending it by post to, the registered office
of the corporation, if that office is in the British Islands or, if there is no
registered office in the British Islands, any place in the British Islands
where the corporation trades or carries on business.
(5) Any of the following matters, namely —
(a) the service of any summons;
(b) the proper addressing, pre-paying and posting or registration for
the purposes of service of a letter containing a summons; or
(c) the place, date and time of posting or registration of any such
letter;
may be proved in any proceedings before a court of summary
jurisdiction by a document purporting to be a certificate signed by the
person by whom the service was effected or the letter posted or
registered.
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(6) References in this section to a person’s last known or usual place of
abode include references to an address given by that person for the
purpose of service of a summons.
(7) Subject to subsections (8) and (9), this section and section 13 apply with
any necessary modifications to the service of notice of the time and place
appointed for the hearing or adjourned hearing of a complaint as they
apply to the service of a summons.
(8) Service of such a notice shall not be effected in the manner authorised by
subsection (1)(c) where the defendant is a member of the naval, military
or air forces of the Crown and the complaint relates to the maintenance
of his child (whether legitimate or illegitimate).
(9) [Repealed]96

81 Backing of warrant issued in UK or Channel Islands

(1) This section applies to a warrant for the arrest or commitment of any
person signed or issued by any court, judge, justice of the peace or
magistrate (by whatever title called) in any part of the United Kingdom
or the Channel Islands.
(2) If the person against whom such a warrant is issued is or resides, or is
suspected to be or to reside, in the Island, a justice may endorse the
warrant in the prescribed form for execution in the Island.
(3) A warrant endorsed in accordance with this section shall be sufficient
authority to the person bringing it, and to any constable, to execute the
warrant.
82 Validity of warrants

[P1980/43/125]
(1) A warrant of arrest issued by a justice shall remain in force until it is
executed or withdrawn.
(2) A warrant of arrest, warrant of commitment or search warrant issued by
a justice may be executed anywhere in the Island by any person to whom
it is directed, or by any constable.
(3) A warrant to which this subsection applies may be executed by a
constable notwithstanding that it is not in his possession at the time, but
the warrant shall, on the demand of the person arrested, be shown to him
as soon as practicable.97

(3A) The warrants to which subsection (3) applies are —
(a) a warrant to arrest a person in connection with an offence;
(b) without prejudice to paragraph (a), a warrant under section 186(3)
of the Army Act 1955 (an Act of Parliament), section 186(3) of the
Air Force Act 1955 (an Act of Parliament), section 105(3) of the
Section 83 Summary Jurisdiction Act 1989


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Naval Discipline Act 1957 (an Act of Parliament) or Schedule 5 to
the Reserve Forces Act 1980 (an Act of Parliament);
(c) a warrant under —
(i) section 109(8) of the Matrimonial Proceedings Act 2003
(protection of parties to marriage and children of family);
or98

(ii) section 44, 59, 95 or 96 of this Act.99

(4) Where under any statutory provision there is power to arrest a person
without warrant, a justice may issue a warrant for his arrest.
83 Warrant endorsed for bail

(1) A justice, on issuing a warrant for the arrest of any person, may endorse
the warrant with a direction that that person shall on arrest be released
on his entering into such a recognizance conditioned for his appearance
before a court of summary jurisdiction as may be specified in the
endorsement, which shall fix the amount in which he and the sureties (if
any) are to be bound.
(2) Where such an endorsement has been made, then —
(a) where the person arrested is to be released on bail on his entering
into a recognizance without sureties, it shall not be necessary to
take him to a police station, but if he is so taken, he shall be
released from custody on his entering into the recognizance; and
(b) where he is to be released on his entering into a recognizance with
sureties, he shall be taken to a police station on his arrest, and the
custody officer there shall (subject to his approving any surety
tendered in compliance with the endorsement) release him from
custody as directed in the endorsement.100

Remand
84 Remand in custody or on bail

[P1952/55/105]
(1) Where a court of summary jurisdiction has power to remand any person,
then, subject to any enactment modifying that power, the court may —
(a) remand him in custody, that is, commit him to custody to be
brought before the court at the end of the period of remand or at
such earlier time as the court may require; or
(b) remand him on bail, that is, take from him a recognizance in
accordance with the Bail Act 1952.
(2) Instead of taking recognizances under subsection (1)(b), the court may fix
the amount of the recognizances with a view to their being taken
Summary Jurisdiction Act 1989 Section 85


c AT 15 of 1989 Page 63

subsequently in accordance with section 7 of the Bail Act 1952, and may
in the meantime commit him to custody under subsection (1)(a).
(3) Where a person is brought before the court after remand, the court may
further remand him.
(4) Subject to sections 84A, 85 and 86, a court of summary jurisdiction shall
not remand a person for a period exceeding 8 clear days except in the
following circumstances —
(a) in the case of a remand on bail, if he and the other party consent;
or
(b) where the trial is adjourned under section 22 or 23, in which case
he may be remanded for the period of the adjournment; or
(c) where an inquiry is adjourned under section 5(2), in which case he
may be remanded until the next occasion on which it will be
practicable for a court to deal with the case summarily to be
constituted.101

84A Remands in custody for more than eight days

(1) A court of summary jurisdiction may remand a person in custody for a
period exceeding 8 days if —
(a) it has previously remanded him in custody for the same offence;
and
(b) he is an adult; and
(c) he consents.
(2) A person shall not be remanded in custody under subsection (1) for a
period exceeding 28 days.
(3) The court shall not exercise the power conferred by subsection (1) unless
the accused person is before the court.
(4) A consent under subsection (1) may be withdrawn at any time by giving
written notice of the withdrawal to the person in charge of the institution
in which the accused is detained and that person shall forthwith cause
the notice to be delivered to the clerk.
(5) On receipt of a notice of withdrawal of consent the clerk shall make
arrangements for the accused person to appear before a court of
summary jurisdiction as soon as is practicable and in any event not later
than 72 hours after receipt of the notice. 102

85 Further remand

[1985/15/2/2(1); P1952/55/106]
(1) If a court of summary jurisdiction is satisfied that any person who has
been remanded is unable by reason of illness or accident to appear or be
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brought before the court at the expiration of the period for which he was
remanded, the court may in his absence remand him for a further time;
and section 84(4) shall not apply.
(2) Where a person remanded on bail is bound by the recognizance to
appear before a court of summary jurisdiction at any time, the court may
in his absence enlarge the recognizance and those of his sureties, if any,
to a later time; and the enlargement of the recognizance shall be deemed
to be a further remand.
86 Remand of accused already in custody

[P1980/43/131]
(1) Where a court of summary jurisdiction remands an accused person in
custody and he is already detained under a custodial sentence, the court
shall inquire as to the expected date of his release from that detention,
and he may be remanded —
(a) if it appears that he will be released before 28 clear days have
expired, for a period not exceeding 8 clear days or (if longer) a
period ending on that date; or
(b) otherwise, for a period not exceeding 28 clear days;
and section 84(4) shall not apply.
(2) So long as a person so remanded is detained under a custodial sentence,
an application for him to be further remanded in custody may be made
and determined without his appearance in court, provided that he is
represented by an advocate who signifies the person’s consent to the
application being heard in his absence.
Recognizances
87 Exercise of power to bind over

(1) A justice may on complaint order a person to enter into a recognizance
and find sureties to keep the peace, or to be of good behaviour towards
another person.
(2) A court of summary jurisdiction, in default of compliance with such an
order, may commit the defendant in custody for a period not exceeding 6
months.
(3) Where a person has been committed to custody under subsection (2), a
court of summary jurisdiction may, on application made by him or on his
behalf, inquire into his case; and if upon new evidence produced to the
court, or on proof of a change of circumstances, the court thinks that it is
just to do so, having regard to all the circumstances of the case, it may —
(a) reduce the amount for which a surety is to be bound, or
(b) dispense with a surety, or
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c AT 15 of 1989 Page 65

(c) otherwise deal with the case as the court thinks just.
87A Confirmation of powers to bind over

(1) It is declared that a court of summary jurisdiction has, as ancillary to its
criminal jurisdiction, the power to order a person who or whose case is
before the court, to enter into a recognizance and find sureties to keep the
peace, or to be of good behaviour towards another person.
(2) Where, after the commencement of this section, the person concerned is
in default of compliance with such an order, subsections (2) and (3) of
section 87 shall apply in respect of an order under subsection (1) as they
apply in respect of an order under subsection (1) of that section.
(3) Nothing in this section affects any other power of a court of summary
jurisdiction.103

88 Enforcement of recognizances

[1981/20/5(4)]
(1) Where a recognizance is conditioned for a person doing some matter or
thing to be done in, to or before a court of summary jurisdiction, or in a
proceeding in or under any order made by a court of summary
jurisdiction, the court may, if the recognizance appears to the court to be
forfeited, declare it to be forfeited.
(2) Where a recognizance conditioned to keep the peace or to be of good
behaviour, or not to do or commit any act or thing, has been entered into
by any person before a court of summary jurisdiction, that or any other
court of summary jurisdiction, upon proof —
(a) of the conviction of the person bound as principal of any offence
which is in law a breach of the condition, or
(b) in the case of a recognizance conditioned to be of good behaviour,
that the person bound as principal has since the date of the
recognizance been guilty of conduct which is a breach of the
condition,
may declare the recognizance to be forfeited.
(3) Where a surety to a recognizance to keep the peace or to be of good
behaviour has reason to suspect that the person bound as principal has
been or is about to be guilty of conduct which was or would be a breach
of the conditions of the recognizance, he may lay a complaint before any
justice, who may if he thinks fit issue a warrant or summons against that
person.
(4) The court before which a person is brought or appears pursuant to a
warrant or summons under subsection (3) may either —
(a) order him to enter into a fresh recognizance, with or without
sureties; or
Section 89 Summary Jurisdiction Act 1989


Page 66 AT 15 of 1989 c

(b) deal with him in the same manner as if he were a person who had
failed to comply with an order referred to in section 87(1);
and shall in either case order that the first recognizance be discharged.
(5) Where any person charged with or convicted of an offence has entered
into a recognizance conditioned for his appearance before a court of
summary jurisdiction and in breach of that recognizance he fails to
appear, the court may, without prejudice to its power to enforce the
recognizance, issue a warrant for his arrest.
(6) This section, so far as it relates to a recognizance entered into pursuant to
an order for conditional discharge, is without prejudice to section 7
(breach of condition) of the Criminal Justice Act 1963.
89 Forfeiture of recognizances

(1) Where a recognizance is declared to be forfeited by a court of summary
jurisdiction, the court may by order —
(a) discharge the recognizance or reduce the amount due under it; or
(b) adjudge the persons bound thereby, whether as principal party or
as surety, or any of them, to pay the sum in which they are
respectively bound.
(2) All sums paid in respect of a recognizance so declared to be forfeited
shall be applied as fines imposed by the court.
Contempt of court
90 Power to commit and fine for contempt

If any person intentionally insults any justice sitting in a court of summary
jurisdiction, or commits any other contempt of such a court, the court may by
order (which need not be in writing) direct —
(a) that he be removed from the court; or
(b) that he be taken into custody,
and at any time before the rising of the court, it may by warrant commit him to
custody for any period not exceeding 14 days or impose on him a fine not
exceeding £2,500.104

Rules of court
91 Rules of court

[1986/23/4(4)]
(1) The Clerk of the Rolls may make rules for regulating the procedure of
courts of summary jurisdiction and the procedure in any legal
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c AT 15 of 1989 Page 67

proceedings which under any enactment are to be taken before a court of
summary jurisdiction.
(2) Rules may prescribe forms for use in any such proceedings; and in any
such forms —
(a) the party at whose instance the proceedings are taken may be
called “the complainant”; and
(b) the decision of the court may be called an “order”, whether it is a
conviction or otherwise.
(3) Rules may provide that sections 13 and 80 shall with any necessary
modifications apply to any document (other than a notice referred to in
section 80(7)) issued or made in relation to proceedings in a court of
summary jurisdiction as they apply to a summons.
(4) Rules may —
(a) assign to juvenile courts the hearing of applications cognisable by
justices or courts of summary jurisdiction if, in the opinion of the
Clerk of the Rolls, it is desirable in the interests of the children
and young persons concerned that they be heard by juvenile
courts; and
(b) modify in relation to juvenile courts such of the provisions of this
Act and of any enactments relating to offences triable on
information as regulate procedure.
(5) Rules shall be laid before Tynwald as soon as may be after they are
made.
PART VIII - ENFORCEMENT

Orders for payment of money
92 Power to dispense with immediate payment

[1983/13/72; P1980/43/75]
(1) A court of summary jurisdiction by whose conviction or order a sum is
adjudged to be paid may, instead of requiring immediate payment, do all
or any of the following —
(a) allow time for payment;
(b) order payment by instalments;
(c) direct that the person liable to make the payment enter into a
recognizance for the payment of the sum or any instalment of it.
(2) Where a court of summary jurisdiction has allowed time for payment, it
may on an application by or on behalf of the person liable to make the
payment allow further time or order payment by instalments, or vary an
order for payment by instalments previously made.
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Page 68 AT 15 of 1989 c

(3) Where a court of summary jurisdiction has ordered payment by
instalments and default is made in the payment of any one instalment,
proceedings may be taken as if the default has been made in the payment
of all the instalments ordered.
(4) This section is without prejudice to rules of court under section 27
(instalment orders) of the Administration of Justice Act 1981.
93 Recovery of periodical payments by Chief Registrar

(1) If —
(a) a periodical payments order has been made by any court;
(b) payments are required to be made to the Chief Registrar;
(c) any sums payable are in arrears; and
(d) the person for whose benefit the payment should have been made
so requests in writing,
the Chief Registrar, unless it appears unreasonable to him or her in the
circumstances to do so, must proceed in his or her own name for the
recovery of those sums.
(2) However, the person for whose benefit the payment should have been
made has the same liability for all the costs properly incurred in
consequence of the proceedings as if the person had taken those
proceedings.
(3) This section does not affect any right of a person to proceed in his or her
own name for the recovery of sums payable under a periodical payments
order.105

94 Methods of enforcement

(1) A court of summary jurisdiction may grant an execution order for the
amount of any sum —
(a) ordered to be paid by a court of summary jurisdiction;
(b) in the case of any other sum ordered to be paid to the Chief
Registrar under section 1 of the Collection of Fines etc. Act 1985, on
an application by the Chief Registrar under section 4(1) of that
Act.
(2) The execution order may be enforced in accordance with Part II of the
Administration of Justice Act 1981 or —
(a) in the case of a periodical payments order, in accordance with
Part III of that Act;
(b) in any other case in accordance with sections 94A to 94F.106

94A Enforcement by attachment of earnings or application for benefit

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c AT 15 of 1989 Page 69

deductions

P2003/39/Sch 5 para 7-9
(1) If the conditions set out in subsections (3) and (4) are met a court of
summary jurisdiction may make —
(a) an order directing a person’s employer to make such payments
out of the person’s earnings as the order may specify (an
“attachment of earnings order”); or
(b) subject to section 94E(1), an application to the Treasury requesting
deductions from any amounts payable by way of the benefit to a
person (an “application for benefit deductions”),107

whether or not an execution order has been granted under section 94.
(2) Subsection (1) does not limit the possibility of making, at a later date,
whichever of the order or application mentioned in subsection (1)(a) or
(b) was not made earlier.
(3) The conditions are that it appears to the court —
(a) the person liable to pay a sum adjudged to be paid by conviction
or order of a court is in employment or entitled to a specified
benefit as the case may be; and
(b) it is not impracticable or inappropriate to make the order or
application as the case may be.
(4) The conditions are —
(a) that the person liable to pay the sum consents to the court’s
making the order or application; or
(b) if the person liable to pay the sum does not consent, the court
considers that it is in the interests of justice to make the order or
application.
(5) When making an order or application under this section the court may
include in it any amount outstanding in respect of any sum previously
adjudged to be paid by conviction or order of any court in the Island.108

(6) Where, on or after the commencement of this section, a sum is adjudged
to be paid by conviction or order of a court but no order or application
has been made under this section, the Chief Registrar may apply to a
court of summary jurisdiction for such an order or application to be
made and no previous decision in respect of the matter shall bind the
court.
(7) A court of summary jurisdiction must direct —
(a) that an order or application under this section is to take effect
immediately; or
(b) that it is to take effect only if so directed by the Chief Registrar.
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Page 70 AT 15 of 1989 c

(8) If a person in respect of whom the court has made a direction under
subsection (7)(b) is paying a sum by instalments and misses an
instalment, the Chief Registrar may, in his or her discretion, direct that
an order or application is to take effect.
(9) An order or application under this section may be varied by a court of
summary jurisdiction and the court has the power to revoke or suspend
the order or application or substitute an alternative sentence or method
of enforcement of the sum.
(10) But despite section 114(8), if the other method of enforcement is to issue
a warrant committing the person to custody under section 95 (committal
in default of payment), this power is not exercisable by a single justice.109

94B Duty of employer under attachment of earnings order

1981/8/31
A person to whom an attachment of earnings order is directed (the “employer”)
must —
(a) comply with the order;
(b) give to the person liable to pay the sum in question a statement in
writing specifying any payment made by the employer pursuant
to the order and any sums deducted, in accordance with rules of
court made under section 94G in respect of clerical and
administrative expenses; and
(c) immediately inform the Chief Registrar that the person is no
longer in the employer’s employment if —
(i) at the time of the service on the employer of a copy of the
order, the person is not so employed and the employer is
satisfied that the absence from employment of that person
is not merely of a temporary nature; and
(ii) at any time after the service on the employer of a copy of
the order, the person has ceased to be so employed.110

94C Statement of earnings

1981/8/32
(1) If an attachment of earnings order is about to be made or revived, a court
of summary jurisdiction may, at any time before making or varying the
order —
(a) direct the person liable to pay the sum in question to furnish,
within such time as may be specified in the direction, a statement
of —
(i) the name and address of the person’s employer, or of each
of his or her employers if more than one;
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c AT 15 of 1989 Page 71

(ii) such particulars as to the person’s earnings as may be so
specified; and
(iii) such other particulars as may be so specified for the
purpose of enabling the person to be identified by any of
his or her employers; and
(b) direct any person appearing to be an employer of the person to
furnish, within such time as may be specified in the direction, a
statement signed by or on behalf of that employer of such
particulars as may be so specified of all the earnings of the person
that fall to be paid by the employer during such period as may be
so specified.
(2) The power of the court under subsection (1) may be exercised by the
Chief Registrar.
(3) A document purporting to be any such statement as is referred to in
subsection (1) shall, in proceedings before the court, be received in
evidence and be taken to be such a statement, without further proof,
until the contrary be shown.111

94D Offences in relation to attachment of earnings orders

1981/8/33
A person who —
(a) without reasonable excuse, fails to comply with any provision of
section 94B or with any direction under section 94C;
(b) gives any statement or information required to be given under
section 94B or section 94C, knowing that such statement or
information is false in a material particular; or
(c) recklessly gives such a statement or such information which is
false in a material particular,
is guilty of an offence and liable on summary conviction to a fine not exceeding
£5,000.112

94E Recovery of sums due by deductions from benefit

P1991/53/24
(1) Before making an application for benefit deductions, a court of summary
jurisdiction —
(a) must make an enquiry as appears appropriate as to the person’s
means;
(b) may require the person to provide prescribed information in
connection with an application.
(2) If a court of summary jurisdiction has made an application for benefit
deductions, the Treasury must, in accordance with regulations under
subsection (3), deduct sums from any specified benefit payable to the
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person and pay them to the Chief Registrar towards the satisfaction of
any sum adjudged to be paid by conviction or order of a court.113

(3) The Treasury may make regulations —
(a) specifying the social security benefits for the purposes of this
section;
(b) as to the circumstances and manner in which and the times at
which sums are to be deducted and paid;
(c) as to the calculation of such sums (which may include provision
to secure that amounts payable to the offender by way of social
security benefit do not fall below prescribed figures);
(d) as to any amount of social security benefit to be disregarded in
making the calculation;
(e) as to the prioritisation of deductions where other deductions are
being made at source;
(f) as to the circumstances in which it is to cease making deductions;
(g) allowing or requiring adjudication as regards an application, and
provision as to appeals to appeal tribunals constituted under
Chapter I of Part I of the Social Security Act 1998 (of Parliament)
as it applies to the Island and decisions under section 9 or 10 of
that Act.114

(4) The Treasury must notify the person, in a prescribed manner and at any
prescribed time, of the total amount of sums deducted up to the time of
notification.115

(5) If the whole amount to which the application relates has been paid, the
Chief Registrar must give notice of that fact to the Treasury.116

(6) A person who fails to provide information as required by subsection
(1)(b) commits an offence.
(7) A person who, in providing information as required by subsection (1)(b)

(a) makes a statement which he or she knows to be false in a material
particular;
(b) recklessly provides a statement which is false in a material
particular; or
(c) knowingly fails to disclose any material fact,
commits an offence.
(8) A person guilty of an offence under subsection (6) or subsection (7) is
liable on summary conviction to a fine not exceeding £5,000.
(9) In this section “prescribed” means prescribed by regulations made by the
Treasury.117

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c AT 15 of 1989 Page 73

(10) Regulations under this Act shall not have effect unless approved by
Tynwald.118

94F Disclosure of information in connection with attachment of earnings or

application for benefit deductions

P2003/39/Sch 5 para 9A-9C
(1) The Chief Registrar may apply to the Treasury for an information
direction to facilitate the court’s deciding whether or not it is practicable
or appropriate to make an order or application under section 94A in
respect of a person liable to pay a sum.119

(2) An information direction is a direction for the disclosure of some or all of
the following information in relation to that person, namely the person’s

(a) full name;
(b) address (or any of the person’s addresses);
(c) date of birth;
(d) national insurance number;
(e) details of earnings declared or benefit status, as the case may be.
(3) On receiving an information direction the Treasury must disclose the
information requested to the Chief Registrar.120

(4) The Chief Registrar may apply to a court of summary jurisdiction for an
order for the purposes of obtaining information from the police or other
bodies as to the whereabouts or address of a person liable to pay a sum
adjudged to be paid by conviction or order of the court for the purposes
of the court’s deciding whether or not it is practicable or appropriate to
make an order or application under section 94A in respect of that person,
and the court must grant the application if satisfied that it is in the
interests of justice to do so.
(5) A person may disclose the information mentioned in subsection (2) or
subsection (4) to any person to whom its disclosure is necessary or
expedient in connection with facilitating the making of a decision by the
court as to whether it is practicable or appropriate to make an order or
application under section 94A.
(6) A person to whom such information is disclosed who —
(a) discloses or uses the information; and
(b) the disclosure is not authorised by subsection (5) or its use is not
for the purpose of facilitating the making of a decision mentioned
in that subsection,
commits an offence and is liable on summary conviction to a fine not
exceeding £5,000.
(7) However, it is not an offence under subsection (6) —
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(a) to disclose any information in accordance with any enactment or
order of a court or for the purpose of any proceedings before a
court; or
(b) to disclose any information that has previously been lawfully
disclosed to the public.
(8) It is a defence for a person charged with an offence under subsection (6)
to prove that he or she reasonably believed that the disclosure or use was
lawful.
(9) Nothing in this section authorises the making of a disclosure that
contravenes the Data Protection Act 2002.
(10) In this section —
“benefit status”, in relation to a person liable to pay a sum adjudged to be paid
by conviction or order of the court, means whether or not the person is in
receipt of any specified benefit and if so (in the case of each benefit) —
(a) which benefit it is;
(b) where it is already subject to deductions under any enactment, the
nature of the deductions concerned; and
(c) the amount received by the person by way of the benefit, after
allowing for any such deductions;
“information” means information in any form.121

94G Rules of court

1981/8/34
(1) Rules of court may make provision relating to attachment of earnings
orders and applications for benefit deductions and their variation.
(2) In the case of attachment of earnings orders the rules may make
provision in particular —
(a) as to the prioritisation of deductions where other deductions are
being made at source;
(b) the sums that may be deducted, by the employer to whom an
attachment of earnings order is directed, from a person’s earnings
in connection with that employer’s clerical and administrative
costs in complying with that order.122

95 Committal in default of payment

(1) In any case where a court of summary jurisdiction adjudges any sum to
be paid, the court may order that, in default of payment, the person by
whom it is to be paid shall be imprisoned for a term not exceeding that
specified in subsection (4); and if default is made, a justice may issue a
warrant committing him to custody.
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c AT 15 of 1989 Page 75

(2) Where default is made in paying a sum adjudged to be paid by a
conviction or order of a court of summary jurisdiction and no order has
been made under subsection (1), such a court may issue a warrant
committing the defaulter to custody for a term not exceeding that
specified in subsection (4).
(3) Where a court of summary jurisdiction has power to issue a warrant
under subsection (2), it may, if it thinks it expedient to do so, fix a term of
imprisonment and postpone the issue of the warrant until such time and
on such conditions, if any, as the court thinks just.
(4) The term for which a person may be ordered to be imprisoned under
subsection (1), or for which a person may be committed on a warrant
under subsection (2), shall not in any case exceed 6 months; and where
the amount due does not exceed an amount specified in column 1 of the
following table, that term shall not exceed the corresponding period
specified in column 2 of the table —
Amount Period
£100 7 days
£200 14 days
£500 1 month
£1,000 2 months
£2,500 3 months.123

(5) Where a person is ordered to be imprisoned or committed to prison for
any term under this section, that term shall, on payment of part of the
sum due, be reduced by such number of days as bears to the total
number of days in the term less one day the same proportion as the sum
paid bears to the sum for non-payment of which he was ordered to be
imprisoned or committed; and in calculating the reduction a fraction of a
day shall be left out of account.
(6) Where a person is committed to prison under this section, he shall be
released on payment of the sum due with any costs of the commitment,
unless he is in custody for some other cause.
(7) This section is without prejudice to section 94.
95A Fine defaulters: community service orders

(1) Subsection (2) applies in any case where a court of summary jurisdiction
has power under this Part to issue a warrant of commitment for default
in paying a sum adjudged to be paid by a conviction of such a court.
(2) The court may, subject to subsections (3) to (5), make a community
service order, in respect of the person in default instead of issuing a
warrant of commitment.
Section 96 Summary Jurisdiction Act 1989


Page 76 AT 15 of 1989 c

(3) The court may postpone the making of an order under subsection (2) if it
thinks it expedient to do so subject to such conditions, if any, as it thinks
just.
(4) In this section “community service order” has the same meaning as in
the Criminal Law Act 1981 and the provisions of Schedule 3 to that Act
shall have effect in relation to an order under subsection (2) as it has
effect in relation to an order in respect of an offender.
(5) In the case of an amount in default which is described in the first column
of the following table, the period of community service specified in an
order under subsection (2) shall not be less than the number of hours set
out opposite that amount in the second column of the table nor more
than the number of hours in the third column of the table.
TABLE AMOUNT MINIMUM
HOURS
MAXIMUM
HOURS
Not exceeding £200 20 hours 40 hours
Exceeding £200 but
not exceeding £500
40 hours 60 hours
Exceeding £500 60 hours 100 hours.124

96 Enforcement of periodical payments orders

[1983/13/75(2)]
(1) Where a periodical payments order has been enforced in accordance
with Part II of the Administration of Justice Act 1981 and a certificate has
been issued under section 8 of that Act, a justice may issue a warrant to
arrest the person by whom the payments under the order should have
been made and to bring him before a court of summary jurisdiction.
(2) Where periodical payments under an order of any court are required to
be paid to the Chief Registrar and any sums payable under the order are
in arrear, a justice may issue a summons directed to the person by whom
the payments should have been made requiring him to appear before a
court of summary jurisdiction.125

(3) Where —
(a) a person fails to comply with a summons under subsection (2), or
(b) it appears to the court that a summons under subsection (2)
cannot be served on such a person as is mentioned in that
subsection,
a justice may issue a warrant to arrest that person and to bring him
before a court of summary jurisdiction.
(4) Where a person appears or is brought before a court of summary
jurisdiction in pursuance of a summons or warrant under subsection (1),
(2) or (3), and it appears to the court that any sum due under the relevant
Summary Jurisdiction Act 1989 Section 97


c AT 15 of 1989 Page 77

order has not been paid, the court shall issue a warrant committing him
to custody for a term not exceeding 3 months, unless the court is of
opinion that the non-payment of any sum due under the order was not
caused by his wilful refusal or culpable neglect.
(5) Where a court of summary jurisdiction has power to issue a warrant
under subsection (4) it may, if it thinks it expedient to do so, fix a term of
imprisonment and postpone the issue of the warrant until such time and
on such conditions, if any, as the court thinks just.
(6) Any person for the time being under an obligation to make payments in
pursuance of any order for the payment of money made in domestic
proceedings shall give notice of any change of address to such person, if
any, as may be specified in the order; and any person who without
reasonable excuse fails to give such a notice shall be guilty of an offence
and liable on summary conviction to a fine not exceeding £200.
97 Effect of committal on non-payment

[1983/13/73 and 75(4)]
Where a person is committed to custody for failure to pay a sum due under —
(a) an order made in domestic proceedings for the payment of
money, or
(b) an order providing for periodical payments to be made to the
Chief Registrar,126

no arrears shall accrue while he is in custody unless the court that commits him
otherwise directs, but such committal shall not otherwise operate to satisfy or
extinguish any obligation under the order.
98 Allowing time for payment of fine etc

(1) A warrant committing a person to prison in respect of non-payment of a
sum adjudged to be paid by a conviction or order of a court of summary
jurisdiction shall not be issued forthwith unless —
(a) the court is satisfied that he has sufficient means to enable him to
pay the sum forthwith; or
(b) on being asked by the court whether he desires time for payment,
he does not express any such desire; or
(c) he fails to satisfy the court that he has a fixed abode within the
Island; or
(d) the court for any other special reason expressly directs that no
time be allowed.
(2) Subject to subsection (3), where any such person desires to be allowed
time for payment, the court in deciding what time shall be allowed shall
consider any representation made by him; but the time allowed shall not
be less than 7 clear days.
Section 99 Summary Jurisdiction Act 1989


Page 78 AT 15 of 1989 c

(3) If before the expiration of the time allowed for payment the person
surrenders himself to a court of summary jurisdiction and states that he
prefers immediate committal to awaiting the expiration of the time
allowed, the court may, if it thinks fit, forthwith issue a warrant
committing him to prison.
(4) Where a person allowed time for payment appears to the court to be not
less than 16 and not more than 21 years of age, the court may, if it thinks
fit, order that he be placed under the supervision of such person as may
be specified in the order until the sum in question is paid.
(5) In a case mentioned in subsection (4), before issuing a warrant
committing the offender to prison in respect of non-payment of the sum
in question a court of summary jurisdiction shall consider any report as
to the conduct and means of the offender which is made by the person
under whose supervision he is placed.
(6) In any case where time is not allowed for payment, the reason for the
immediate committal shall be stated in the warrant of commitment.
99 Application of money found on defaulter

[P1980/43/80]
(1) Where a court of summary jurisdiction has adjudged a person to pay a
sum by a conviction or order, the court may order him to be searched.
(2) Any money found on the arrest of a person adjudged to pay such a sum,
or on such a search, or on his being taken to a prison or other place of
detention in default of payment of such a sum, may, unless the court
otherwise directs, be applied towards payment of the said sum; and the
balance, if any, shall be returned to him.
(3) A court shall not allow the application of any money found on a person
under subsection (2) if it is satisfied —
(a) that the money does not belong to him, or
(b) that the loss of the money would be more injurious to his family
than his detention would be.
100 Remission of fines

[1981/20/27; P1980/43/85]
(1) Where a fine is imposed on conviction by a court of summary
jurisdiction, such a court may on a subsequent application by the
offender, on inquiring into his means, remit the whole or any part of the
fine if the court thinks it just to do so, having regard to any change in his
circumstances since the conviction.
(2) Where the court remits the whole or part of a fine after a term of
imprisonment has been fixed in default of payment of the fine, the court
shall also reduce the term by an amount which bears the same
Summary Jurisdiction Act 1989 Section 101


c AT 15 of 1989 Page 79

proportion to the whole term as the amount remitted bears to the whole
fine, or shall remit the whole term, as the case may be.
(3) In calculating the reduction in a term under subsection (2) a fraction of a
day shall be left out of account.
(4) References in this section to a fine do not include any other sum
adjudged to be paid on conviction, whether as a pecuniary penalty,
forfeiture, compensation or otherwise, or any sum recoverable as a
penalty in consequence of a conviction.
101 Exercise of mercy in certain cases

(1) Her Majesty, or the Governor, may extend the Royal mercy to any person
in custody for non-payment of any fine, although the fine is not payable
to the Crown.
(2) Where on remission of any fine a person remains in custody for non-
payment of costs or any other sum, he shall continue as a prisoner for
debt only.
101A Register of sums adjudged to be paid on conviction

P2003/39/98
(1) The Chief Registrar is to maintain a register, in accordance with rules of
court, of sums to be paid to him or her under section 1 of the Collection of
Fines etc. Act 1985 and the names and addresses of persons who have
defaulted in their payment.
(2) The rules may—
(a) provide exemptions from the requirement of sums (or classes of
them) to be registered;
(b) prescribe circumstances in which an entry in the register is to be
cancelled; and
(c) provide for sums to be registered only in such circumstances or
subject to such conditions as the rules may prescribe.
(3) The Treasury may fix charges to be made for —
(a) making information in an entry in the register available for
inspection;.
(b) carrying out an official search of the register;
(c) supplying a certified copy of information in an entry in the
register.
(4) The proceeds of those charges are to be applied in paying the expenses
incurred in maintaining the register; and any surplus is to be paid into
the General Revenue of the Island.127

Section 102 Summary Jurisdiction Act 1989


Page 80 AT 15 of 1989 c

Orders other than for payment of money
102 Enforcement of other orders

[1983/13/76; 1986/1/2/109; P1980/43/63; P1981/49/17]
(1) Where a court of summary jurisdiction has power to require the doing of
anything other than the payment of money, or to prohibit the doing of
anything, any order of the court for the purpose of exercising that power
may contain such provisions for —
(a) the manner in which anything is to be done,
(b) the time within which anything is to be done, or during which
anything is not to be done, and
(c) generally giving effect to the order,
as the court thinks fit.
(2) A court of summary jurisdiction may by order made on complaint
suspend or revoke any such order.
(3) Subject to subsection (4), where a person disobeys an order of a court of
summary jurisdiction to do anything other than the payment of money
or to abstain from doing anything, the court may, either on application or
of its own motion —
(a) order him to pay a sum not exceeding £50 for every day during
which he is in default or a sum not exceeding £5,000; or
(b) commit him to custody until he has remedied his default or for a
period not exceeding 2 months.
(4) A person against whom an order is made under subsection (3)(a), or who
is committed to custody under subsection (3)(b), shall not be ordered to
pay more than £2,000 or committed for more than 2 months in all for
doing or abstaining from doing the same thing contrary to the order
(without prejudice to the operation of subsection (3) in relation to any
subsequent default).
(4A) If under subsection (3) a court of summary jurisdiction has power to
commit a person to custody for breach of —
(a) an occupation order or non-molestation order under Part 5 of the
Matrimonial Proceedings Act 2003;
(b) an exclusion requirement included by virtue of section 36 of the
Children and Young Persons Act 2001 in an interim care order made
under section 35 of that Act; or
(c) an exclusion requirement included by virtue of section 43 of that
Act in an emergency protection order under section 42 of that Act;
the court may by order direct that the execution of the order of committal
is to be suspended for such period or on such terms and conditions as it
may specify.128

Summary Jurisdiction Act 1989 Section 103


c AT 15 of 1989 Page 81

(4B) A court of summary jurisdiction has the same power to make —
(a) a hospital order or guardianship order under paragraph 2 of
Schedule 2A, or
(b) an interim hospital order under paragraph 3 of that Schedule,
in the case of a person suffering from mental illness or severe mental
impairment who could otherwise be committed to custody for breach of
an order or requirement mentioned in subsection (4)(a), (b) or (c) as it has
under those paragraphs in the case of a person convicted of an offence
punishable on summary conviction with custody.129

(5) Subsections (1) to (4) do not apply to any order for the enforcement of
which provision is made by any other enactment.130

PART IX – APPEALS

Criminal appeals
103 Right of appeal against conviction or sentence

(1) A person convicted by a court of summary jurisdiction may appeal to the
High Court —
(a) if he pleaded guilty, against his sentence;
(b) if he did not, against the conviction or sentence or both.
(2) A person sentenced by a court of summary jurisdiction for an offence in
respect of which a probation order, has been previously made against
him may appeal to the High Court against the sentence.
(3) A person against whom a probation order or an order for the payment of
costs has been made by a court of summary jurisdiction may, with the
leave of that court, appeal to the High Court against the order.
(4) In this section “sentence” includes any order made on conviction by a
court of summary jurisdiction except —
(a) an order under section 3 of the Cruelty to Animals Act 1997, and131

(b) an order made in pursuance of an enactment under which the
court has no discretion as to the making of an order in the terms
thereof.
Appeals in domestic proceedings
104 Appeals in domestic proceedings

[1983/13/77; 1986/22/2/13]
(1) An appeal shall lie to the High Court from —
Section 104 Summary Jurisdiction Act 1989


Page 82 AT 15 of 1989 c

(a) the making of any order of a court of summary jurisdiction in
domestic proceedings; or
(b) the refusal by the court to make such an order; or
(c) the revocation, revival or variation by the court of such an order,
except where it is provided by an enactment that no appeal shall lie from
the making of, or refusal to make, such an order.
(2) On an appeal under this section the High Court may make such orders as
may be necessary to give effect to its determination of the appeal,
including such incidental or consequential orders as appear to the Court
to be just.
(3) In the case of an appeal from a decision of a court of summary
jurisdiction made on an application for or in respect of a periodical
payments order, the High Court may order that its determination shall
have effect from such date as the Court thinks fit, not being
earlier than —
(a) the date of the making of the application to the court of summary
jurisdiction, or
(b) in a case where there was made to that court an application for a
maintenance order and an application for an agreement order,
and the term of the periodical payments was or might have been
ordered to begin on the date of the making of the application for a
maintenance order, the date of the making of that application.
(4) Without prejudice to the generality of subsection (3), where on an appeal
in respect of a periodical payments order, the High Court reduces the
amount of the periodical payments or revokes the order, the
Court may —
(a) order the person entitled to payments under the periodical
payments order to pay to the person liable to make payments
under the order such sum in respect of payments already made in
compliance with the order as the Court thinks fit; and
(b) if any arrears are due under the order, remit the payment of those
arrears or any part thereof.
(5) [Repealed]132

(6) In this section —
“agreement order” means an order under section 64 of the Matrimonial
Proceedings Act 2003;133

“interim custody order” [Repealed]
“interim maintenance order” [Repealed]134

“maintenance order” means an order under section 2 of that Act.
Summary Jurisdiction Act 1989 Section 105


c AT 15 of 1989 Page 83

Procedure
105 Procedure on appeals

(1) An appeal from a court of summary jurisdiction to the High Court shall
be commenced by the appellant lodging in the General Registry, within
28 days after the day on which the decision of the court of summary
jurisdiction was given, a notice of appeal stating the grounds of appeal
and signed by him or his advocate.
(2) Where the court of summary jurisdiction has adjourned the trial of a
complaint after the conviction of the appellant, the said period of 28 days
shall commence on the day when the court sentences or otherwise deals
with the appellant.
(3) The appellant shall within the said period of 28 days serve a copy of the
notice on the clerk of the court of summary jurisdiction and on the other
party.
(4) Any court of summary jurisdiction may extend the time for doing any of
the acts mentioned in subsections (1) and (3) on such terms (if any) as the
justice of the case requires, and may do so even where the application
therefor is not made until after the time for so doing has expired.
(5) Where the appellant is in custody, a court of summary jurisdiction may,
if it thinks fit, release the appellant from custody either —
(a) on the appellant entering into a recognizance, with or without
sureties, in such reasonable sum as the court thinks necessary, to
appear at the hearing of the appeal, or
(b) with the consent of the court, on his giving such other security for
his appearance as the court thinks proper.
(6) The clerk of the court shall forthwith send to the Chief Registrar any
recognizance, and a statement as to any other security, given under
subsection (5) and shall send a copy to the Attorney General.
106 Hearing and decision on appeal

(1) The High Court may from time to time adjourn the hearing of an appeal
from a court of summary jurisdiction.
(2) On an appeal from a court of summary jurisdiction the High Court
may —
(a) confirm, reverse or vary any part of the decision of the court of
summary jurisdiction, including a determination not to impose a
separate penalty in respect of an offence, or135

(b) remit the matter with their opinion to the same or another court of
summary jurisdiction, or
Section 107 Summary Jurisdiction Act 1989


Page 84 AT 15 of 1989 c

(c) make such other order in the matter as they think just, and by
such order exercise any power which the court of summary
jurisdiction might have exercised;
and any order made by the High Court shall have the like effect and may
be varied, suspended, revoked or reviewed and enforced in the like
manner as if it had been made by the court of summary jurisdiction.
(3) On an appeal against a conviction or sentence, the powers of the High
Court under subsection (2) include power to award any punishment,
whether more or less severe than that awarded by the court of summary
jurisdiction, which that court might have awarded.
(4) The Chief Registrar shall send to the clerk of the court of summary
jurisdiction by whom the decision appealed against was given a certified
copy of the notice of appeal and the order made thereon by the High
Court, and the clerk shall endorse a memorandum thereon in the order
book containing the decision.
(5) Whenever a copy or certificate of the decision appealed against is made,
a copy of the memorandum made under subsection (4) shall be added
and shall be evidence of the decision of the High Court in any case where
the copy or certificate would be sufficient evidence of the decision
appealed against.
107 Costs

(1) On an appeal to the High Court from a decision of a court of summary
jurisdiction the High Court may —
(a) make such order as it thinks just as to the costs or any parties to
the appeal, including an order dealing with the costs properly
incurred by any party in the proceedings before the court of
summary jurisdiction;
(b) instead of directing a taxation of costs, award a lump sum to be
paid by way of costs by any party to the appeal; and
(c) grant execution on any order as to costs.
(2) The High Court shall in awarding costs under this section have regard to
the means of any party to the appeal.
108 Abandonment of appeal

(1) Where any person appeals to the High Court from a decision of a court
of summary jurisdiction, he may abandon the appeal by giving notice in
writing to the Chief Registrar not less than 3 days before the day fixed for
hearing the appeal, and the Chief Registrar shall thereupon give notice of
the abandonment to the other party to the appeal and to the clerk of the
court of summary jurisdiction.
(2) Where notice to abandon an appeal has been given by the appellant —
Summary Jurisdiction Act 1989 Section 109


c AT 15 of 1989 Page 85

(a) the court of summary jurisdiction against whose decision the
appeal was brought may take any steps for enforcing the decision,
subject to anything already suffered or done under it by the
appellant; and
(b) that court may, on the application of the other party to the appeal,
order the appellant to pay to that party such costs as appear to the
court to be just and reasonable in respect of expenses properly
incurred by that party in connection with the appeal before notice
of abandonment was given to that party.
(3) The Chief Registrar shall return to the clerk of the court of summary
jurisdiction any recognizance entered into by the appellant in connection
with the appeal, and any such recognizance shall have effect as if it were
for the appearance of the appellant before the court at a time and place to
be notified to him by the clerk of the court.
Case stated etc.
109 Appeal by way of case stated

[P1980/43/111 and 114]
(1) Any person who was a party to any proceedings before a court of
summary jurisdiction or is aggrieved by the conviction, order,
determination or other decision of the court may question the decision
on the ground that it is wrong in law or is in excess of jurisdiction by
applying to the court to state a case for the opinion of the High Court on
the question of law or jurisdiction involved.
(2) An application under subsection (1) shall be made in writing within 14
days after the day on which the decision of the court of summary
jurisdiction was given, and shall specify the question of law or
jurisdiction involved.
(3) Where the court of summary jurisdiction has adjourned the trial of a
complaint after conviction of the appellant, the day on which the
decision of the court is given shall be the day when the court sentences or
otherwise deals with the appellant.
(4) Except in the case of an application made by or under the direction of the
Attorney General, a court of summary jurisdiction to whom an
application under subsection (1) is made may direct the applicant to
enter into a recognizance —
(a) to prosecute the matter without delay, and
(b) to submit to the judgment of the High Court and pay such costs as
may be awarded;
and shall not be required to state a case for the opinion of the High Court
until the applicant has complied with the direction.
Section 109 Summary Jurisdiction Act 1989


Page 86 AT 15 of 1989 c

(5) If the court of summary jurisdiction is of opinion that an application
under this section is frivolous, it may refuse to state a case and, if the
applicant so requires, shall give him a certificate to that effect; but the
court shall not refuse to state a case on an application made by or under
the direction of the Attorney General.
(6) Where a court of summary jurisdiction refuses to state a case, the High
Court may, on the application by way of petition of doleance of the
person who applied for the case to be stated, make an order requiring the
justices to state a case.136

(7) The High Court may send a case back to the court of summary
jurisdiction for amendment, and the court shall amend the case in
accordance with the directions of the High Court.
(8) Subject to subsection (7), the High Court shall hear and determine the
question of law or jurisdiction arising on a case stated, and may exercise
any other powers which it may exercise on an appeal from the decision
of a court of summary jurisdiction.
109A Review of sentences passed by courts of summary jurisdiction

[1993/9/41; P1988/33/35 and 36]
(1) If it appears to the Attorney General that —
(a) the sentencing of a person sentenced by a court of summary
jurisdiction for any offence has been unduly lenient; or
(b) a court of summary jurisdiction has erred in law as to its powers
of sentencing for such an offence,
he may, with the leave of the High Court, refer the case to it for review of
the sentencing of that person.
(2) On such a reference in relation to any person the High Court may —
(a) quash any sentence passed on him by the court of summary
jurisdiction in the same proceedings; and
(b) in place of it pass on him such sentence as it thinks appropriate
for the case and as the court of summary jurisdiction had power
to pass in dealing with him.
(3) For the purpose of this section, any 2 or more sentences are to be treated
as passed in the same proceedings if —
(a) they are passed on the same day; or
(b) they are passed on different days but the court in passing any one
of them states that it is treating that one together with the other or
others as substantially one sentence;
and consecutive terms of custody and terms which are wholly or partly
concurrent are to be treated as a single term.
Summary Jurisdiction Act 1989 Section 110


c AT 15 of 1989 Page 87

(4) Section 2(4) (judges not to review own decisions) of the High Court Act
1991 applies to a review under this section as it applies to an appeal.
(5) In this section, “sentence” has the same meaning as in section 103(4).
(6) This section is without prejudice to section 49 of the High Court Act
1991.137

109B Custody etc pending review

[1993/9/42; P1988/33/Sch 3]
(1) The time during which a person whose case is referred for review under
section 109A is in custody pending the review shall be reckoned as part
of the term of any sentence to which he is for the time being subject.
(2) The term of any sentence passed by the High Court under section 109A
shall, unless it otherwise directs, begin to run from the time when it
would have begun to run if passed in the proceedings in relation to
which the reference was made.
(3) On a reference under section 109A the Treasury shall pay out of money
provided by Tynwald to the person whose case is referred such sums as
are reasonably sufficient to compensate him for expenses properly
incurred by him relation to the reference; and the amount of such sums
shall be ascertained as soon as practicable by the Chief Registrar.138

110 [Repealed]
139

PART X – MISCELLANEOUS AND SUPPLEMENTAL

Miscellaneous
111 Powers of Deemsters

(1) Any jurisdiction, power or authority conferred by any statutory
provision on a court of summary jurisdiction may be exercised by a
Deemster, who shall (as nearly as may be) in so doing follow the like
procedure as applies in such courts.
(2) Any party to proceedings before a Deemster by virtue of this section
shall be entitled to the like rights, remedies and privileges as those to
which he would be entitled before a court of summary jurisdiction.
112 Protection of justices

Schedule 3 shall have effect with respect to the protection of justices against
liability for acts done in the performance or purported performance of their
functions, and matters relating thereto.
Section 113 Summary Jurisdiction Act 1989


Page 88 AT 15 of 1989 c

113 Indemnification of justices and clerks

[P1979/55/53]
(1) Subject to the provisions of this section, a justice or the clerk of a court of
summary jurisdiction may be indemnified by the Treasury out of money
provided by Tynwald in respect of —
(a) any costs reasonably incurred by him in or in connection with
proceedings against him in respect of anything done or omitted in
the exercise or purported exercise of the duty of his office, or in
taking steps to dispute any claim which might be made in such
proceedings;
(b) any damages awarded against him or costs ordered to be paid by
him in any such proceedings or claim; or
(c) any sums payable by him in connection with a reasonable
settlement of any such proceedings or claim;
and shall be entitled to be so indemnified if, in respect of the matters
giving rise to the proceedings or claim, he acted reasonably and in good
faith.
(2) Any question whether or to what extent a person is to be indemnified
under this section shall be determined by the Attorney General; and a
determination under this subsection with respect to any such costs or
sums as are mentioned in subsection (1)(a)or (c) may, if the person
claiming to be indemnified so requests, be made in advance before those
costs are incurred or the settlement is made, as the case may be.
(3) A determination in advance for indemnity in respect of costs to be
incurred shall be subject to such limitation, if any, as the Attorney
General thinks proper and to the subsequent determination of the
amount of the costs reasonably incurred, and shall not affect any other
determination which may fall to be made in connection with the
proceedings or claim in question.
(4) An appeal shall lie to the High Court on the part of a person claiming to
be indemnified, from any decision of the Attorney General under
subsection (2), other than a decision to postpone until after the
conclusion of the proceedings any determination with respect to his own
costs or to impose limitations on making a determination in advance for
indemnity with respect to such costs, and the decision of the High Court
shall be final.
Supplemental
114 Interpretation

[P1980/43/150]
(1) In this Act —
Summary Jurisdiction Act 1989 Section 114


c AT 15 of 1989 Page 89

“adult
” means a person who in the opinion of the court before whom he is
brought is of the age of 17 years or upwards;
“application for benefit deductions
”, in relation to a specified benefit, means
an application under section 94A(1)(b);140

“attachment of earnings order
” means an order made under section
94A(1)(a);141

“broadcast
” [Repealed]
“cable programme
” [Repealed]142

“the clerk
”, in relation to a court of summary jurisdiction, means such person as
is assigned by the Chief Registrar to act as clerk of the court;143

“the Clerk to the Justices
” [Repealed]144

“commit to custody
” means commit to prison or, where any enactment
authorises or requires committal to some other place of detention instead
of committal to prison, to that other place;
“complaint
” includes a petition, an application and an appeal, and
“complainant
” and “defendant
” shall be construed accordingly;
“domestic proceedings
” has the meaning given by section 48;
“impose imprisonment
” means pass a sentence of imprisonment or fix a term
of imprisonment for failure to pay any sum of money or to do or abstain
from doing anything required to be done or left undone;
“inquiry
” means an inquiry under section 5 by a court of summary jurisdiction
into an offence triable on information;
“justice
” means a justice of the peace;
“offence
” includes an alleged offence;
“offence triable on information
” means an offence which, if committed by an
adult is triable on information, whether it is exclusively so triable or also
triable summarily;
“offence triable either way
” means an offence which, if committed by an adult,
is (apart from any enactment contained in Part II) triable either on
information or summarily;
“periodical payments order
” means an order made in domestic proceedings by
a court of summary jurisdiction requiring the making of periodical
payments;
“prescribed
” means prescribed by rules;
“publish
”, in relation to a report, means publish the report either by itself or as
part of a newspaper or periodical, for distribution to the public;
“relevant programme
” means a programme included in a programme service
(within the meaning of Part 1 of the Broadcasting Act 1993);145

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Page 90 AT 15 of 1989 c

“rules
”, except in section 37, means rules under section 91;
“social security benefit
” means any benefit payable in accordance with an
order made under section 1 or 1A of the Social Security Act 2000;146

“specified benefit
” means a social security benefit from which the Treasury
may make deductions by virtue of regulations made under section
94E(3)(a).147

(2) Anything required or authorised by this Act to be done by justices may,
where 2 or more justices are present, be done by one of them on behalf of
the others.
(3) Any reference in this Act to a sum adjudged to be paid by a conviction or
order of a court of summary jurisdiction includes a reference to any
costs, damages or compensation adjudged to be paid by the conviction or
order of which the amount is ascertained by the conviction or order.
(4) Where the age of any person at any time is material for the purposes of
any provision of this Act regulating the powers of a court of summary
jurisdiction, his age at the material time shall be deemed to be or to have
been that which appears to the court after considering any available
evidence to be or have been his age at that time.
(5) Any reference in this Act to an offence punishable with imprisonment
shall be construed without regard to any restriction on the imprisonment
of young offenders.
(6) No provision of this Act authorising a court of summary jurisdiction on
conviction of an offender to pass sentence or make an order instead of
dealing with him in any other way shall be construed as taking away any
power to order him to pay costs, damages or compensation.
(7) Any power of a justice or a court of summary jurisdiction to order a
person to enter into a recognizance, or to take a recognizance from any
person, includes power to order him to enter into, or to take from him, a
recognizance with sureties.
(8) In the following provisions a reference to a court or to a court of
summary jurisdiction includes a reference to a single justice —
(a) section 5;
(b) section 9;
(c) section 43(5) and (6);
(d) section 94(1);
(e) section 94A(6) to (9);
(f) section 94E(1) and (2);
(g) section 94F(4).148

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c AT 15 of 1989 Page 91

115 Transitional provisions and amendments

(1) The transitional provisions in Schedule 4 shall have effect.
(2) The enactments specified in Schedule 5 are amended in accordance with
that Schedule.
(3) [Repealed]149

116 Short title and commencement

(1) This Act may be cited as the Summary Jurisdiction Act 1989.
(2) This Act shall come into operation on such day as the Governor in
Council may by order appoint.150

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c AT 15 of 1989 Page 93

SCHEDULE 1

FORMS OF OATH

Sections 1 and 2 [1983/23/Sch 1]
PART I – OATHS OF HIGH BAILIFF

Oath of Allegiance
“I, .........................................................................................., do swear by Almighty God that
I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second.
SO HELP ME GOD.”

Judicial Oath
“I, .........................................................................................., do swear by Almighty God that
I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office
of the High Bailiff (or Deputy High Bailiff), and I will do right to all manner of people
after the laws and usages of this Isle, without fear or favour, affection or illwill.
SO HELP ME GOD.”

In the above forms, the name of the Sovereign for the time being shall from time to
time be substituted for the name of Her present Majesty.
PART II – OATH OF CLERK

I,............................................................................................,do swear that, when required to
do so, I will faithfully, diligently and impartially, and to the best of my understanding
and ability, carry out the duties of clerk to courts of summary jurisdiction.151


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SCHEDULE 2

OFFENCES TRIABLE ON INFORMATION WHICH CAN BE

DEALT WITH SUMMARILY

Section 16 [1980/20/Sch 7]
1. An offence under any of the following provisions of the Criminal Code 1872 —
(a) section 16 (meetings for illegal training or drilling);
(b) section 35 (wounding or inflicting grievous bodily harm);
(c) section 49 (obstructing or assaulting a clergyman in the discharge
of his duties);
(d) section 51 (assault to commit offence or on peace officer);
(e) section 55 (assaults arising from unlawful conspiracies etc.);
(f) section 59 (aggravated assaults);
(g) section 60 (assault occasioning actual bodily harm);
(h) section 73 (concealing birth of child);
(i) section 79 (criminal libel);
(j) section 119 (obstructing engines or carriages on railways);
(k) section 156 (unlawfully clipping sheep etc.);
(l) section 318 (obstructing officer in execution of duty etc.);
(m) section 319 (neglecting to execute writ etc.);
(n) section 320 (prison breaking);
(o) section 323 (bribery);
(p) section 330 (conspiracy);
(q) section 331 (falsely personating etc.);
(r) section 332 (riot);
(s) section 333 (forcible entry);
(t) section 334 (forcible detainer).152

1A. An offence under section 38 of the Game Act 1882 (forging or altering licence
under Act).153

1B. An offence under any of the following sections of the Bankruptcy Code 1892 —
(a) section 86 (offences by debtors);
(b) section 87 (undischarged bankrupt obtaining credit);
(c) section 88 (fraudulently obtaining credit).154

1C. An offence under any of the following sections of the Industrial and Building
Societies Act 1892 —
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(a) section 25 (commencing business before incorporation or
neglecting to make returns);
(b) section 27 (falsification of documents).155

1D. An offence under section 6(2) of the Census Act 1929 (unlawfully publishing
information).156

2. [Repealed]157

3. (1) An offence under section 2(2)(a) (forgery of securities) of the Forgery Act
1952, in relation to a document being an authority or request for the payment of
money, or for the delivery or transfer of goods or chattels, where the amount of the
money or the value of the goods or chattels does not exceed £400.
(2) An offence under section 7(a) (demanding money etc. on forged
document) of that Act, where the amount of the money or the value of the property
concerned does not exceed £400.
(3) An offence under any of the following provisions of the Forgery Act
1952 —
(a) section 4 (forgery of miscellaneous documents);
(aa) section 6 (uttering of forged document, die, etc.) so far as it relates
to a document to which section 4 applies or to a die to which
section 10(b) applies;158

(b) section 10 (unlawful possession of bank note etc. paper and dies);
(c) section 11 (forgery of passport).159

3A. An offence under the Perjury Act 1952.160

3B. An offence under section 4(1) of the Custody Act 1995 (assisting escape from
custody).161

4. An offence under section 4(2) (sexual intercourse with a person over 13 but
under 16 years of age), section 9(4) (gross indecency) or section 13 (indecent assault) of
the Sexual Offences Act 1992.162

4A. Any offence under the Prevention of Fraud (Investments) Act 1968.163

5. An offence under any of the following provisions of the Post Office Act 1993 —
(a) section 33 (taking or opening mailbag);
(b) section 34 (retaining mailbag or packet);
(c) section 36 (secreting packet);
(d) section 37 (opening or delaying packet).164

6. Any offence under the Coinage Offences Act 1980.165

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7. An offence under any of the following provisions of the Criminal Damage Act
1981 —
(a) section 1(1) (destroying or damaging property);
(b) section 1(1) and (3) (arson);
(c) section 2 (threat to destroy or damage property);
(d) section 3 (possession with intent to destroy or damage property.
8. (1) An offence under section 7(1) (assisting offender) of the Criminal Law Act
1981, where the offence to which it relates is included (or is treated under any
enactment as included) in this Schedule.166

(2) An offence under section 8(1) (concealing offence) of that Act.167

9. (1) An offence under any provision of the Theft Act 1981, being an offence
triable on information, except —
(a) an offence under —
(i) section 8 (robbery, or assault with intent to rob),
(ii) section 10 (aggravated burglary), or
(iii) section 23 (blackmail);
(b) an offence under section 9 (burglary), if —
(i) the offence comprises the commission of, or an intention to
commit, an offence not included in this Schedule; or
(ii) the offence is committed in a dwelling and any person in
the dwelling was subjected to violence or the threat of
violence;
(c) an offence under section 24 (handling), where the offence of
stealing was not committed in the Island.
10. An offence consisting of —
(a) aiding, abetting, counselling or procuring the commission of, or
(b) attempting to commit,
an offence mentioned in this Schedule.
11. An offence consisting of incitement to commit —
(a) a summary offence, or
(b) an offence triable either way, or
(c) an offence mentioned in this Schedule.

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SCHEDULE 2A
168

[Section 27A]
MENTALLY DISORDERED PERSONS

Remand to hospital for report on medical condition
1. (1) This paragraph applies to —
(a) any person who has been convicted by the court of an offence
punishable on summary conviction with custody, and
(b) any person charged with such an offence, if the court is satisfied
that he did the act or made the omission charged or he has
consented to the exercise by the court of the powers conferred by
this paragraph.
(2) Subject to the provisions of this paragraph, a court of summary
jurisdiction may remand a person to whom this paragraph applies to a hospital
specified by the court for a report on his mental condition.
(3) Subject to sub-paragraph (4), the powers conferred by this paragraph
may be exercised if —
(a) the court is satisfied, on the written or oral evidence of a
registered medical practitioner, that there is reason to suspect that
the person concerned is suffering from mental illness,
psychopathic disorder, severe mental impairment or mental
impairment; and
(b) the court is of the opinion that it would be impracticable for a
report on his mental condition to be made if he were remanded on
bail.
(4) The court shall not remand a person to a hospital under this paragraph
unless satisfied, on the written or oral evidence of the registered medical practitioner
who would be responsible for making the report or of some other person representing
the managers of the hospital, that arrangements have been made for his admission to
that hospital and for his admission to it within the period of 7 days beginning with the
date of the remand; and if the court is so satisfied it may, pending his admission, give
directions for his conveyance to and detention in a place of safety.
(5) Where a court has remanded a person under this paragraph it may
further remand him if it appears to the court, on the written or oral evidence of the
registered medical practitioner responsible for making the report, that a further
remand is necessary for completing the assessment of the person’s mental condition.
(6) The power of further remanding a person under this paragraph may be
exercised by the court without his being brought before the court if he is represented
by an advocate and his advocate is given an opportunity of being heard.
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(7) A person shall not be remanded or further remanded under this
paragraph for more than 28 days at a time or for more than 12 weeks in all; and the
court may at any time terminate the remand if it appears to the court that it is
appropriate to do so.
(8) A person remanded to hospital under this paragraph shall be entitled to
obtain at his own expense an independent report on his mental condition from a
registered medical practitioner chosen by him and to apply to the court on the basis of
it for his remand to be terminated under sub-paragraph (7).
(9) Where a person is remanded under this paragraph —
(a) a constable or any other person directed to do so by the court shall
convey the person to the hospital specified by the court within the
period mentioned in sub-paragraph (4); and
(b) the managers of the hospital shall admit him within that period
and thereafter detain him in accordance with the provisions of
this paragraph.
(10) If a person absconds from a hospital to which he has been remanded
under this paragraph, or while being conveyed to or from that hospital, he may be
arrested without warrant by any constable and shall, after being arrested, be brought
as soon as practicable before a court of summary jurisdiction; and the court may
thereupon terminate the remand and deal with him in any way in which it could have
dealt with him if he had not been remanded under this paragraph.
Hospital and guardianship orders
2. (1) Where a person is convicted by a court of summary jurisdiction of an
offence punishable on summary conviction with custody, and the conditions
mentioned in sub-paragraph (2) are satisfied, the court may by order authorise his
admission to and detention in such hospital as may be specified in the order or, as the
case may be, place him under the guardianship of the Department or of such other
person approved by the Department as may be so specified.
(2) The conditions referred to in sub-paragraph (1) are that —
(a) the court is satisfied that the offender is suffering from mental
illness, psychopathic disorder, severe mental impairment or
mental impairment and that either —
(i) the mental disorder from which the offender is suffering is
of a nature or degree which makes it appropriate for him to
be detained in a hospital for medical treatment and, in the
case of psychopathic disorder or mental impairment, that
such treatment is likely to alleviate or prevent a
deterioration of his condition; or
(ii) in the case of an offender who has attained the age of 16
years, the mental disorder is of a nature or degree which
warrants his reception into guardianship under this Act;
and
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(b) the court is of the opinion, having regard to all the circumstances
including the nature of the offence and the character and
antecedents of the offender, and to the other available methods of
dealing with him, that the most suitable method of disposing of
the case is by means of an order under this paragraph.
(3) Where a person is charged before a court of summary jurisdiction with
any act or omission as an offence and the court would have power, on convicting him
of that offence, to make an order under sub-paragraph (1) in his case as being a person
suffering from mental illness or severe mental impairment, then, if the court is satisfied
that the accused person did the act or made the omission charged, the court may, if it
thinks fit, make such an order without convicting him.
(4) An order for the admission of an offender to a hospital (a “hospital
order”) shall not be made under this paragraph unless the court is satisfied on the
written or oral evidence of the registered medical practitioner who would be in charge
of his treatment or of some other person representing the managers of the hospital that
arrangements have been made for his admission to that hospital, and for his admission
to it within the period of 28 days beginning with the date of the making of such an
order; and the court may, pending his admission within that period, give such
directions as it thinks fit for his conveyance to and detention in a place of safety.
(5) An order placing an offender under the guardianship of the Department
or of any other person (a “guardianship order”) shall not be made under this
paragraph unless the court is satisfied that the Department or that person as the case
may be, is willing to receive the offender into guardianship.
(6) A hospital order or guardianship order shall specify the form or forms of
mental disorder referred to in sub-paragraph (2)(a) from which, upon the evidence
taken into account under that sub-paragraph, the offender is found by the court to be
suffering; and no such order shall be made unless the offender is described by each of
the practitioners whose evidence is taken into account under that sub-paragraph as
suffering from the same one of those forms of mental disorder, whether or not he is
also described by either of them as suffering from another of them.
(7) Where an order is made under this paragraph, the court shall not pass
sentence of custody or impose a fine or make a probation order in respect of the
offence, but may make any other order which the court has power to make apart from
this paragraph.
Interim hospital orders
3. (1) Where a person is convicted by a court of summary jurisdiction of an
offence punishable on summary conviction with custody and the court before or by
which he is convicted is satisfied —
(a) that the offender is suffering from mental illness, psychopathic
disorder, severe mental impairment or mental impairment; and
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(b) that there is reason to suppose that the mental disorder from
which the offender is suffering is such that it may be appropriate
for a hospital order to be made in his case,
the court may, before making a hospital order or dealing with him in some other way,
make an order (an “interim hospital order”) authorising his admission to such hospital
as may be specified in the order and his detention there in accordance with this
paragraph.
(2) In the case of an offender who is subject to an interim hospital order the
court may make a hospital order without his being brought before the court if he is
represented by an advocate and his advocate is given an opportunity of being heard.
(3) An interim hospital order shall not be made for the admission of an
offender to a hospital unless the court is satisfied that arrangements have been made
for his admission to that hospital and for his admission to it within the period of 28
days beginning with the date of the order; and if the court is so satisfied the court may,
pending his admission, give directions for his conveyance to and detention in a place
of safety.
(4) An interim hospital order —
(a) shall be in force for such period, not exceeding 12 weeks, as the
court may specify when making the order; but
(b) may be renewed for further periods of not more than 28 days at a
time if it appears to the court, on the written or oral evidence of
the responsible medical officer, that the continuation of the order
is warranted;
(c) shall not continue in force for more than 12 months in all; and
(d) shall cease to have effect if the court makes a hospital order in
respect of the offender or deals with him in some other way.
(5) The power of renewing an interim hospital order may be exercised
without the offender being brought before the court if he is represented by an advocate
and his advocate is given an opportunity of being heard.
(6) If an offender absconds from a hospital in which he is detained in
pursuance of an interim hospital order, or while being conveyed to or from such a
hospital, he may be arrested without warrant by a constable and shall, after being
arrested, be brought as soon as practicable before the court that made the order; and
the court may thereupon terminate the order and deal with him in any way in which it
could have dealt with him if no such order had been made.
Power to commit for restriction order
4. (1) If in the case of a person of or over the age of 14 years who is convicted
by a court of summary jurisdiction of an offence punishable on summary conviction
with custody —
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c AT 15 of 1989 Page 101

(a) the conditions which under paragraph 2(1) are required to be
satisfied for the making of a hospital order are satisfied in respect
of the offender; but
(b) it appears to the court, having regard to the nature of the offence,
the antecedents of the offender and the risk of his committing
further offences if set at large, that if a hospital order is made a
restriction order should also be made,
the court may, instead of making a hospital order or dealing with him in any other
manner, commit him in custody to a Court of General Gaol Delivery to be dealt with in
respect of the offence.
(2) Where an offender is committed to a Court of General Gaol Delivery
under this paragraph, that court shall inquire into the circumstances of the case
and may —
(a) if that court would have power so to do under section 54 of the
Criminal Jurisdiction Act 1993 upon the conviction of the offender
before that court of an offence, make a hospital order in his case,
with or without a restriction order;
(b) if the court does not make such an order, deal with the offender in
any other manner in which the court of summary jurisdiction
might have dealt with him.
(3) A Court of General Gaol Delivery shall have the same power —
(a) to make an interim hospital order under section 54(4) of that Act,
or
(b) to remand under Schedule 1A to that Act,
in the case of a person committed to the court under this paragraph as it has under
those provisions in the case of a person convicted before that court as mentioned in
section 29 of that Act, or a person to whom paragraph 1 or 2 of Schedule 1A to that Act
applies, as the case may be.
(4) The power of a court of summary jurisdiction under section 17
(committal for sentence) shall also be exercisable by such a court where it is of the
opinion that greater punishment should be inflicted on the offender than the court has
power to inflict unless a hospital order is made in his case with a restriction order.
Committal to hospital under paragraph 4
5. (1) Where an offender is committed under paragraph 4(1) and the court of
summary jurisdiction by which he is committed is satisfied on written or oral evidence
that arrangements have been made for the admission of the offender to a hospital in
the event of an order being made under this paragraph, the court may, instead of
committing him in custody, by order direct him to be admitted to that hospital,
specifying it, and to be detained there until the case is disposed of by a Court of
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General Gaol Delivery, and may give such directions as it thinks fit for his production
from the hospital to attend the court by which his case is to be dealt with.
(2) The evidence required by sub-paragraph (1) shall be given by the
registered medical practitioner who would be in charge of the offender’s treatment or
by some other person representing the managers of the hospital in question.
(3) The power to give directions under paragraph 2(4) and (5) and
section 47(1) of the Mental Health Act 1998 apply in relation to an order under this
paragraph as they apply in relation to a hospital order, but as if references to the period
of 28 days mentioned in the said section 47(1) were omitted; and subject as aforesaid an
order under this paragraph shall, until the offender’s case is disposed of by a Court of
General Gaol Delivery, have the same effect as a hospital order together with a
restriction order, made without limitation of time.
Appeals
6. (1) Where on the trial of a complaint charging a person with an offence a
court of summary jurisdiction makes a hospital order or guardianship order in respect
of him without convicting him, he shall have the same right of appeal against the order
as if it had been made on his conviction; and on any such appeal the High Court shall
have the same powers as if the appeal had been against both conviction and sentence.
(2) An appeal by a child or young person with respect to whom any such
order has been made, whether the appeal is against the order or against the finding
upon which the order was made, may be brought by him or by his parent or guardian
on his behalf.
Evidence
7. (1) A court shall not make a determination under paragraph 2(2)(a) or 3(1)
except on the written or oral evidence of 2 or more registered medical practitioners.
(2) At least one of those practitioners must be approved for the purposes of
section 12 of the Mental Health Act 1998 as having special experience in the diagnosis or
treatment of mental disorder.
(3) Section 61(2) and (3) of that Act (medical reports) applies for the purpose
of this Schedule as it applies for the purpose of any provision of Part 3 of that Act.
Interpretation
8. In this Schedule —
“the Department
” means the Department of Health and Social Care;169

“hospital
” has the same meaning as in Part 3 of the Mental Health Act 1998;
references to mental disorder, or any kind of mental disorder, shall be construed
in accordance with that Act;
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c AT 15 of 1989 Page 103

“mental illness
”, “psychopathic disorder
”, “severe mental impairment
” and
“mental impairment
” have the same meanings as in that Act;
“place of safety
” has the same meaning as in that Act.
SCHEDULE 3

[Section 112]
PROTECTION OF JUSTICES

[P1979/55/50]
Acts within jurisdiction
1. No action shall lie against any justice in respect of any act or omission of his —
(a) in the execution of his duty as such a justice, and
(b) with respect to any matter within his jurisdiction.170

Acts beyond jurisdiction
2. An action shall lie against any justice in respect of any act or omission of his —
(a) in the purported execution of his duty as such a justice, but
(b) with respect to any matter which is not within his jurisdiction,
if, but only if, it is proved that he acted in bad faith.171

3 to 5. [Repealed]172

Setting aside of prohibited action
6. If any action is brought in circumstances in which this Schedule provides that
no action is to be brought, the High Court may, on the application of the defendant and
upon an affidavit of the facts, set aside the proceedings in the action, with or without
costs, as the Court thinks fit.
7. [Repealed]173


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SCHEDULE 4

TRANSITIONAL PROVISIONS

Section 115(1)
Interpretation
1. In this Schedule —
“the 1927 Act”
means the Petty Sessions and Summary Jurisdiction Act 1927;
“the appointed day
” means the day appointed for the coming into operation of
this Act;
“the former Acts
” means any enactments repealed or amended by this Act.
Current proceedings
2. (1) Where proceedings were commenced before the appointed day, the
former Acts relating to the proceedings continue to apply and nothing in this Act
affects those Acts.
(2) Without prejudice to the generality of sub-paragraph (1), the former Acts
relating to proceedings which continue in force by virtue of it include any provision of
those Acts which —
(a) creates an offence;
(b) relates to criminal or civil procedure;
(c) relates to punishment for an offence;
(d) relates to enforcing, appealing against, questioning, varying or
revoking anything ordered or done in the proceedings.
Offences committed before appointed day
3. Where proceedings are commenced under this Act in relation to an offence
committed before the appointed day, nothing in this Act renders a person liable to
punishment by way of fine or imprisonment for the offence which differs from the
punishment to which he would have been liable if this Act had not been passed and
proceedings for the offence had been commenced under the former Acts, and the
provisions of the former Acts relating to punishment are to be construed accordingly.
Periods of time
4. Where a period of time specified in an enactment repealed by this Act is current
at the appointed day, this Act shall have effect as if the corresponding provision of it
had been in force when that period began to run.
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Byelaws
5. (1) Any byelaws, rules or regulations made or having effect as if made
under section 99 of the 1927 Act which are in force immediately before the appointed
day in any village district or parish district shall have effect as if they had been made as
byelaws by the local authority for that district under section 28 of the Local Government
Act 1985, and may be amended or repealed accordingly.
(2) Any byelaws, rules or regulations having effect by virtue of sub-
paragraph (1) shall cease to have effect on the expiration of 5 years beginning with the
appointed day.
Assignment of appeals to the High Court
6. Unless and until rules of court otherwise provide —
(a) an appeal to the High Court under section 103, 104 or 109 shall lie
to the Staff of Government Division;
(b) an appeal to the High Court under section 49(5), 80(2) or 110(1) of
the Children and Young Persons Act 1966 shall lie to the Civil
Division;174

(c) an appeal to the High Court under section 110 shall lie to the Civil
Division.175

Summary conviction
7. (1) The definition of “summary conviction
” in section 3 of the Interpretation
Act 1976 applies to enactments passed before as well as after the 24 May 1949.
(2) Any reference in an enactment passed before the 21st June 1960 to
conviction before a High Bailiff or 2 justices shall be construed as a reference to
summary conviction.
8. [Repealed]176


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SCHEDULE 5

AMENDMENT OF ENACTMENTS

Section 115(2)
[Sch 5 amended by Family Law Act 1991 Sch 6, by Sexual Offences Act 1992 Sch
4, by Criminal Jurisdiction Act 1993 Sch 4, by Custody Act 1995 Sch 5, by
Maintenance Orders (Reciprocal Enforcement) Act 1995 Sch 3, by Food Act 1996
Sch 5, by Animal Health Act 1996 Sch 3, by Law Reform Act 1997 Sch 5, by
Mental Health Act 1998 Sch 6, by Children and Young Persons Act 2001 Sch 13,
by Matrimonial Proceedings Act 2003 Sch 6, by Administration of Justice Act
2008 Sch 2, by Fisheries Act 2012 Sch 3 and by Summary Jurisdiction and
Miscellaneous Amendments Act 2013 s 13, and amends the following Acts —
Companies Act 1931 q.v.
Agricultural Marketing Act 1934 q.v.
Criminal Evidence Act 1946 q.v.
Prevention of Fraud (Investments) Act 1968 q.v.
Fire Precautions Act 1975 q.v.
Interpretation Act 1976 q.v.
Criminal Law Act 1981 q.v.
Evidence Act 1983 q.v.
Adoption Act 1984 q.v.
Road Traffic Act 1985 q.v.
Local Government Act 1985 q.v.
Highways Act 1986 q.v.
Legal Aid Act 1986 q.v.]
Penalties under certain Acts
30. (1) Any provision of the Douglas Gas Act 1835 or the Joint Stock Companies’
Clauses Act which provides for the recovery from any person, on the happening of any
event, of any fine, forfeiture or other penalty (with or without costs) before a Deemster,
a High Bailiff or 2 justices shall have effect as if it provided instead for that person in
that event to be guilty of an offence and liable on summary conviction to a fine not
exceeding the amount or maximum amount of that penalty.
(2) Any provision of those Acts or any Act amending them which provides
for any such penalty to be paid to an informer, to any fund for the making or repairing
of highways or to any local authority shall cease to have effect.
(3) Subject to sub-paragraph (2), nothing in this paragraph affects any
enactment providing for the application or destination of any penalty.
Summary Jurisdiction Act 1989 Schedule 6


c AT 15 of 1989 Page 107

SCHEDULE 6
177

Summary Jurisdiction Act 1989 Endnotes


c AT 15 of 1989 Page 109

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 2 repealed by Law Reform Act 1997 Sch 5. 2
Subs (1) amended by Administration of Justice Act 2008 Sch 2. 3
Subs (2) amended by Law Reform Act 1997 Sch 5 and by Administration of Justice Act
2008 Sch 2. 4
Subs (4) added by Law Reform Act 1997 Sch 5. 5
Subs (1) amended by Administration of Justice Act 2008 Sch 2. 6
Subs (2) amended by Administration of Justice Act 2008 Sch 2. 7
S 3A inserted by Law Reform Act 1997 Sch 5. 8
Subs (1A) inserted by Police Powers and Procedures Act 1998 s 36. 9
Subs (1) amended by Summary Jurisdiction and Miscellaneous Amendments Act 2013
s 9. 10
Subs (5) amended by Sexual Offences Act 1992 Sch 3 and by Criminal Justice
(Witness Anonymity) Act 2011 s 28. 11
Subs (1) amended by Broadcasting Act 1993 Sch 4. 12
Subs (4) amended by Broadcasting Act 1993 Sch 4. 13
Subs (5) amended by Broadcasting Act 1993 Sch 4. 14
Para (c) substituted by Broadcasting Act 1993 Sch 4. 15
Para (d) repealed by Broadcasting Act 1993 Sch 4. 16
Subs (6) amended by Broadcasting Act 1993 Sch 4. 17
Subs (9) amended by Broadcasting Act 1993 Sch 4. 18
Subs (10) amended by Broadcasting Act 1993 Sch 4. 19
Subs (1) amended by Summary Jurisdiction and Miscellaneous Amendments Act
2013 s 9.
Endnotes Summary Jurisdiction Act 1989


Page 110 AT 15 of 1989 c

20
S 15A inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013 s
5. 21
S 15B inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013 s
5. 22
S 15C inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013 s
5. 23
Subs (1) amended by Criminal Justice Act 1991 Sch 5. 24
Subs (2) substituted by Criminal Justice Act 1991 Sch 4. 25
Subs (3) substituted by Criminal Justice Act 1991 Sch 4. 26
Subs (4) amended by Criminal Justice Act 1991 Sch 4. 27
Subs (5) amended by Criminal Justice, Police and Courts Act 2007 s 18. 28
Subs (10) added by Criminal Justice Act 1991 Sch 4. 29
Subs (11) added by Criminal Justice Act 1991 Sch 4. 30
Subs (1) substituted by Summary Jurisdiction and Miscellaneous Amendments Act
2013 s 6. 31
Subs (1A) inserted by Summary Jurisdiction and Miscellaneous Amendments Act
2013 s 6. 32
Subs (1B) inserted by Summary Jurisdiction and Miscellaneous Amendments Act
2013 s 6. 33
Subs (2) substituted by Summary Jurisdiction and Miscellaneous Amendments Act
2013 s 6. 34
Subs (2A) inserted by Summary Jurisdiction and Miscellaneous Amendments Act
2013 s 6. 35
Subs (3) amended by Criminal Procedure and Investigations Act 2016 s 26. 36
Subs (5) repealed by Criminal Jurisdiction Act 1993 Sch 4. 37
S 19 substituted by Criminal Justice Act 1996 s 10. 38
Subs (1) amended by Criminal Justice Act 1991 Sch 4. 39
Subs (1A) inserted by Criminal Justice Act 1991 Sch 4. 40
Subs (2) amended by Criminal Justice Act 1991 Sch 4. 41
Subs (3) repealed by Statute Law Revision Act 1992 Sch 2. 42
Subs (2) amended by Criminal Justice Act 2001 s 59. 43
Subs (1) amended by Criminal Justice Act 2001 s 59. 44
Subs (1) amended by Criminal Justice, Police and Courts Act 2007 s 19. 45
Subs (2) repealed by Criminal Justice, Police and Courts Act 2007 s 19. 46
Subs (3) amended by Criminal Justice, Police and Courts Act 2007 s 19. 47
S 27 substituted by Criminal Justice Act 1996 s 10. 48
S 27A inserted by Mental Health Act 1998 Sch 2. 49
Subs (2A) inserted by Statute Law Revision Act 1992 Sch 1. 50
Subs (3) amended by Statute Law Revision Act 1992 Sch 1 and by Criminal
Jurisdiction Act 1993 Sch 3. 51
Subs (4) amended by Statute Law Revision Act 1992 Sch 1. 52
Para (b) amended by Criminal Jurisdiction Act 1993 Sch 3.
Summary Jurisdiction Act 1989 Endnotes


c AT 15 of 1989 Page 111

53
Subs (1) repealed by Criminal Justice Act 2001 Sch 8. 54
S 33 substituted by Criminal Justice, Police and Courts Act 2007 s 20. 55
S 33A inserted by Criminal Justice, Police and Courts Act 2007 s 20. 56
Subs (1) amended by Criminal Jurisdiction Act 1993 Sch 3. 57
S 36 repealed by Police Powers and Procedures Act 1998 Sch 5. 58
Subs (4) amended by Criminal Justice, police Powers and Other Amendments Act
2014 Sch 3. 59
S 36A inserted by Criminal Justice, Police and Courts Act 2007 s 21. 60
S 41 repealed by Children and Young Persons Act 2001 Sch 13. 61
Subs (5) amended by Summary Jurisdiction and Miscellaneous Amendments Act
2013 s 9. 62
Para (a) repealed by Maintenance Orders (Reciprocal Enforcement) Act 1995 Sch 3. 63
Para (b) repealed by Social Services Act 2011 Sch 4. 64
Paras (c) and (d) repealed by Children and Young Persons Act 2001 Sch 13. 65
Para (e) amended by SD32/00. 66
Para (f) substituted by Matrimonial Proceedings Act 2001 Sch 1. 67
Para (g) amended by Maintenance Orders (Reciprocal Enforcement) Act 1995 s 36
and by Statute Law Revision Act 1997 Sch 2. 68
Para (h) substituted by Matrimonial Proceedings Act 2003 Sch 5. 69
Para (ha) inserted by Civil Partnership Act 2011 Sch 14. 70
Para (i) substituted by Children and Young Persons Act 2001 Sch 12. 71
Subs (1) substituted by Family Law Act 1991 Sch 5. 72
Subs (2) substituted by Family Law Act 1991 Sch 5 and amended by Statute Law
Revision Act 1997 Sch 1. 73
Subs (3) added by Family Law Act 1991 Sch 5. 74
Subs (4) added by Family Law Act 1991 Sch 5 and amended by Children and Young
Persons Act 2001 Sch 12. 75
Subs (1) amended by Broadcasting Act 1993 Sch 4. 76
Para (c) substituted by Broadcasting Act 1993 Sch 4. 77
Para (d) repealed by Broadcasting Act 1993 Sch 4. 78
Subs (2) amended by Broadcasting Act 1993 Sch 4. 79
Subs (1) amended by Law Reform Act 1997 Sch 5. 80
Subs (2) substituted by Civil Partnership Act 2011 Sch 14. 81
Subs (5) amended by Law Reform Act 1997 Sch 5, by Audit Act 2006 Sch 1 and by
Audit (Amendment) Act 2015 Sch. 82
Subs (2) amended by Law Reform Act 1997 Sch 5. 83
Para (ii) amended by Law Reform Act 1997 Sch 5. 84
Para (a) amended by SD155/10 Sch 11 and by SD2014/08. 85
Subs (5) added by Children and Young Persons Act 2001 Sch 12. 86
S 62A inserted by Criminal Jurisdiction Act 1993 Sch 3. 87
Para (a) amended by Law Reform Act 1997 Sch 5. 88
S 64 amended by Law Reform Act 1997 Sch 5.
Endnotes Summary Jurisdiction Act 1989


Page 112 AT 15 of 1989 c

89
Para (c) added by Criminal Justice Act 2001 s 57. 90
Subs (5) substituted by Criminal Justice Act 2001 s 57. 91
Subs (1) substituted by Law Reform Act 1997 Sch 5. 92
Subs (2) substituted by Law Reform Act 1997 Sch 5. 93
Subs (3) repealed by Law Reform Act 1997 Sch 5. 94
Subs (1) amended by Law Reform Act 1997 Sch 5. 95
Subs (2) amended by Law Reform Act 1997 Sch 5. 96
Subs (9) repealed by Matrimonial Proceedings Act 2003 Sch 6. 97
Subs (3) amended by Police Powers and Procedures Act 1998 s 36. 98
Subpara (i) amended by Matrimonial Proceedings Act 2003 Sch 5. 99
Subs (3A) inserted by Police Powers and Procedures Act 1998 s 36. 100
Subs (2) substituted by Police Powers and Procedures Act 1998 s 51. 101
Subs (4) amended by Criminal Justice Act 2001 s 58. 102
S 84A inserted by Criminal Justice Act 2001 s 58. 103
S 87A inserted by Criminal Justice Act 1991 Sch 4. 104
S 90 amended by Criminal Justice, Police and Courts Act 2007 s 22. 105
S 93 substituted by Summary Jurisdiction and Miscellaneous Amendments Act 2013
s 7. 106
S 94 substituted by Summary Jurisdiction and Miscellaneous Amendments Act 2013
s 7. 107
Para (b) amended by SD2014/08. 108
Subs (5) amended by Terrorism and Other Crime (Financial Restrictions) Act 2014 s
72. 109
S 94A inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013 s
7. 110
S 94B inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013 s
7. 111
S 94C inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013 s
7. 112
S 94D inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013 s
7. 113
Subs (2) amended by SD2014/08. 114
Subs (3) amended by SD2014/08. 115
Subs (4) amended by SD2014/08. 116
Subs (5) amended by SD2014/08. 117
Subs (9) amended by SD2014/08. 118
S 94E inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013 s
7. 119
Subs (1) amended by SD2014/08. 120
Subs (3) amended by SD2014/08. 121
S 94F inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013 s
7.
Summary Jurisdiction Act 1989 Endnotes


c AT 15 of 1989 Page 113

122
S 94G inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013 s
7. 123
Subs (4) amended by Criminal Justice (Penalties, Etc.) Act 1993 s 2. 124
S 95A inserted by Criminal Justice Act 2001 s 32. 125
Subs (2) amended by Law Reform Act 1997 Sch 5. 126
Para (b) amended by Law Reform Act 1997 Sch 5. 127
S 101A inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013
s 8. 128
Subs (4A) inserted by Matrimonial Proceedings Act 2003 Sch 5. 129
Subs (4B) inserted by Matrimonial Proceedings Act 2003 Sch 5. 130
Subs (5) amended by Matrimonial Proceedings Act 2003 Sch 5. 131
Para (a) amended by Cruelty to Animals Act 1997 Sch 5. 132
Subs (5) repealed by Family Law Act 1991 Sch 6. 133
Definition of “agreement order” amended by Matrimonial Proceedings Act 2003 Sch
5. 134
Definitions of “interim custody order” and “interim maintenance order” repealed by
Family Law Act 1991 Sch 6. 135
Para (a) amended by Criminal Justice Act 1996 s 8. 136
See General Note 2. 137
S 109A inserted by Criminal Justice Act 1996 s 9. 138
S 109B inserted by Criminal Justice Act 1996 s 9. 139
S 110 repealed by High Court Act 1991 Sch 5. 140
Definition of “application for benefit deductions” inserted by Summary Jurisdiction
and Miscellaneous Amendments Act 2013 s 9. 141
Definition of “attachment of earnings order” inserted by Summary Jurisdiction and
Miscellaneous Amendments Act 2013 s 9. 142
Definitions of “broadcast” and “cable programme” repealed by Broadcasting Act
1993 Sch 5. 143
Definition of “the clerk” substituted by Law Reform Act 1997 Sch 5. 144
Definition of “the Clerk to the Justices” repealed by Law Reform Act 1997 Sch 5. 145
Definition of “relevant programme” inserted by Broadcasting Act 1993 Sch 4. 146
Definition of “social security benefit” inserted by Summary Jurisdiction and
Miscellaneous Amendments Act 2013 s 9. 147
Definition of “specified benefit” inserted by Summary Jurisdiction and
Miscellaneous Amendments Act 2013 s 9 and amended by SD2014/08. 148
Subs (8) inserted by Summary Jurisdiction and Miscellaneous Amendments Act
2013 s 9. 149
Subs (3) repealed by Statute Law Revision Act 1992 Sch 2. 150
ADO (whole Act) 1/4/1990 (GC84/90). 151
Form of oath (previously oath of Clerk to the Justices) substituted by Law Reform
Act 1997 Sch 5. 152
Para 1 substituted by SD124/93.
Endnotes Summary Jurisdiction Act 1989


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153
Para 1A inserted by SD124/93. 154
Para 1B inserted by SD124/93. 155
Para 1C inserted by SD124/93. 156
Para 1D inserted by SD124/93. 157
Para 2 repealed by Statute Law Revision Act 1997 Sch 2. 158
Item (aa) inserted by SD546/94. 159
Subpara (3) added by SD124/93. 160
Para 3A inserted by SD124/93. 161
Para 3B substituted by Custody Act 1995 Sch 4. 162
Para 4 substituted by Sexual Offences Act 1992 Sch 3 and amended by SD124/93. 163
Para 4A inserted by SD124/93. 164
Para 5 substituted by Post Office Act 1993 Sch 2. 165
Para 6 substituted by SD124/93. 166
Subpara (1) amended by Criminal Justice, Police Powers and Other Amendments
Act 2014 Sch 3. 167
Subpara (2) amended by Criminal Justice, Police Powers and Other Amendments
Act 2014 Sch 3. 168
Sch 2A inserted by Mental Health Act 1998 Sch 2. 169
Definition of “the Department” amended by SD155/10 Sch 4 and by SD2014/08. 170
Para 1 substituted by Statute Law Revision Act 1992 Sch 1. 171
Para 2 substituted by Statute Law Revision Act 1992 Sch 1. 172
Paras 3 to 5 repealed by Statute Law Revision Act 1992 Sch 2. 173
Para 7 repealed by Statute Law Revision Act 1992 Sch 2. 174
Item (b) amended by SD352/09. 175
Item (c) amended by SD352/09. 176
Para repealed by Road Transport Act 2001 Sch 4. 177
Sch 6 repealed by Statute Law Revision Act 1992 Sch 2.