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Justice of the Peace Court meaning

What does Justice of the Peace Court mean?
In Scotland, the Justice of the Peace Court is a local summary criminal court dealing with minor offences within the sheriffdom where it sits. It is established by statute (the Criminal Proceedings etc. (Reform) (Scotland) Act 2007) and is administered by the Scottish Courts and Tribunals Service. Typical cases include road traffic offences, breach of the peace and other low-level statutory offences. Proceedings are without a jury and are prosecuted by the Crown Office and Procurator Fiscal Service under summary procedure. Cases are heard by one or more Justices of the Peace (lay judges) assisted by a legally qualified clerk. The court has limited sentencing powers, usually fines and short custodial sentences, and no civil jurisdiction. Appeals are to the Sheriff Appeal Court (criminal). Usage differs elsewhere in the UK and Ireland. In England and Wales, justices of the peace sit in the Magistrates’ Court, which performs a broadly equivalent summary criminal function. In Northern Ireland, comparable matters are heard in the Magistrates’ Court. In Ireland, such cases are dealt with by the District Court and the office of justice of the peace has no judicial role. Accordingly, Justice of the Peace Court is a Scottish term.
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View the related Checklists about Justice of the Peace Court

CHECKLISTS
Section 29 CJA 2003 (England and Wales): checklist of public prosecutors authorised to commence proceedings by written charge and requisition or single justice procedure notice

The Criminal Justice Act 2003 (CJA 2003) Under the Criminal Justice Act 2003 (CJA 2003), a different route for commencing criminal proceedings in England and Wales was established. In place of laying an information before a justice of the peace to obtain a summons securing the defendant’s attendance, this approach requires public prosecutors to issue a written charge and serve it on the defendant and the court, together with a requisition directing the person to attend a magistrates’ court to answer the written charge. See Practice Note: Commencing criminal proceedings—written charge and requisition or single justice procedure notice. Only public prosecutors authorised under CJA 2003, s 29(5) are permitted to commence criminal proceedings by this means. The table below sets out those public prosecutors who must now proceed by using the written charge and requisition or a single justice notice procedure...

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View the related Practice Notes about Justice of the Peace Court

PRACTICE NOTES
Scottish criminal courts: jurisdiction, maximum penalties, sentencing options and ancillary orders, covering the High Court of Justiciary, sheriff and justice of the peace courts, plus victim statements

This Practice Note sets out an explanation of the powers of the Scottish criminal courts to impose sentence following conviction. For an introduction to the structure and operation of the Scottish criminal justice process, see Practice Note: The investigation and prosecution of criminal offences in Scotland. For guidance on the approach the Scottish courts adopt to sentencing corporate criminal/regulatory offences, see Practice Note: Sentencing corporate criminal offences in Scotland. High Court The most serious corporate cases are prosecuted in the High Court of Justiciary (High Court). Under solemn procedure, a judge and jury try the case, as noted above. See Practice Notes: Solemn procedure in Scottish criminal proceedings and Trials under the Scottish solemn procedure. As a trial court, its jurisdiction extends across the whole of Scotland (and, on occasion, beyond) in respect of all crimes unless excluded by statute. It holds exclusive jurisdiction to try the gravest crimes, such as treason, murder and rape. In practice, the High Court deals with other serious crimes including very serious...

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PRECEDENTS
Magistrates’ court complaint under s 56 Highways Act 1980 seeking order compelling highway authority to repair a public highway or bridge (England and Wales)

In the County of [ insert county ] — Petty Sessional Division of [ insert ] The Complaint of [ insert name ] Of [ insert address ], who states as follows: The route or bridge called [ insert name ] in the parish/town of [ insert name ] is a highway maintainable at public expense, for which the [ insert name ] highway authority is responsible. The highway is in disrepair. On [ insert date ], the Complainant served the [ insert name ] highway authority with a Notice under section 56 of the Highways Act 1980. On [ insert date ], the highway authority served on the Complainant a Notice admitting both that the route/bridge is a highway and that it is bound to maintain it. NOW, pursuant to section 56 of the Highways Act 1980, the Complainant asks this Court for an Order directing the [ insert name ] Council, as highway authority, to put the highway into...

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