MAGISTRATES COURTS ACTS 1952 & 1980

  Officers and Councillors who abuse their positions of authority should be prosecuted under the Fraud Act 2006, a pension would then be proceeds of crime and not payable.

BROTHERHOOD - Police officers band together to protect each other and their chums in other local authorities. But, every once in a while a whistleblower or other turn of events reveals that there is corruption and that there has been a cover up.

'Aiding and abetting' is a legal doctrine related to the guilt of someone who aids or abets in the commission of a crime. It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if they are not the principal offender. In civil terms regarding damages, this is termed vicarious liability.

The Magistrates' Courts Act 1980 (c. 43) is an Act of the Parliament of the United Kingdom. It is a consolidation Act:

An Act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates’ courts and the functions of justices’ clerks, and to matters connected therewith, with amendments to give effect to recommendations of the Law Commission.

It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952. Part I of the Act sets out provisions in relation to the courts' criminal jurisdiction, and Part II in relation to civil proceedings.

Section 1 of the Act empowers a justice of the peace to issue a summons or arrest warrant alleging the commission of a crime against an identifiable person.

SUMMARY OFFENCES

In the Accessories and Abettors Act of 1861, the crime does not apply to summary offences, but section 44 (1) of the Magistrates' Courts Act 1980 is to the like effect:

"A person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence... "

In the United Kingdom, The 'Accessories and Abettors Act 1861' provides that an accessory to an indictable offence shall be treated in the same way as if he had actually committed the offence himself or herself. Section 8 of the Act, as amended, reads:

"Whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender."

CASE LAW

In AG's Reference (No 1 of 1975) (1975) QB 773, Lord Chief Justice Widgery stated that the words in section 8 should be given their ordinary meaning.

- The natural meaning of "to aid" is to "give help, support or assistance to" and it will generally although not necessarily take place at the scene of the crime. It is not necessary to prove that there was any agreement between the principal and the alleged accessory, nor is there a need to prove a causative link between the aid and the commission of the offence by the principal.

- The natural meaning of "to abet" is "to incite, instigate or encourage" and this can only be committed by an accessory who is present when the crime is committed. This does imply either an express or implied agreement between the parties although there is no need to prove any causative link between what the abettor did and the commission of the offence.

- "To counsel" is "to encourage" and most usually covers advice, information, encouragement or the supply of equipment before the commission of a crime. It implies agreement with the principal.

In R v Clarkson (1971) 3 AER 344, the defendant merely watched while fellow soldiers raped a woman in their barracks in Germany. Counselling or advising must have an effect on the mind of the principal to constitute the necessary encouragement in fact, so Clarkson was found not guilty. No causative link between the counselling and the commission of the full offence is required so long as the offence committed was within the scope of the counselling.

In R v Calhaem (1985) 2 AER 266, the defendant paid a private detective to murder a woman and was charged with counselling or procuring the murder. It was held that the offence committed must be within the scope of the counselling, i.e., the principal does not deliberately depart from the plan. The detective merely intended to frighten the woman but hit her with a hammer. If, however, the accessory does not specify what offence is to be committed, but leaves it to the principal to decide what offence is to be committed, the accessory will be liable.

- "To procure" means "to produce by endeavour, by setting out to see that it happens and taking the appropriate steps to produce that happening". The principal can be entirely "innocent" of the procurer's acts so long as there is proof of a causal link between the procuring and the commission of the offence by the principal offender, e.g., as in AG’s Reference (No 1) (1975) 2 AER 684, spiking a drink procures a drunk-driving offence.

MAGISTRATES COURT ACT 1980 - PART I Criminal Jurisdiction and Procedure (enacted)

Jurisdiction to issue process and deal with charges

1. Issue of summons to accused or warrant for his arrest

2. Jurisdiction to deal with charges

3. Offences committed on boundaries, etc.

Committal proceedings

4. General nature of committal proceedings

5. Adjournment of inquiry

6. Discharge or committal for trial

7. Place of trial on indictment

8. Restrictions on reports of committal proceedings

Summary trial of information

9.Procedure on trial

10.Adjournment of trial

11.Non-appearance of accused: general provisions

12.Non-appearance of accused: plea of guilty

13.Non-appearance of accused: issue of warrant

14.Proceedings invalid where accused did not know of them

15.Non-appearance of prosecutor

16.Non-appearance of both parties

Offences triable on indictment or summarily

17.Certain offences triable either way

18.Initial procedure on information against adult for offence triable either way

19.Court to begin by considering which mode of trial appears more suitable

20.Procedure where summary trial appears more suitable

21.Procedure where trial on indictment appears more suitable

22.Certain offences triable either way to be tried summarily if value involved is small

23.Power of court, with consent of legally represented accused, to proceed in his absence

24.Summary trial of information against child or young person for indictable offence

25.Power to change from summary trial to committal proceedings, and vice versa

26.Power to issue summons to accused in certain circumstances

27.Effect of dismissal of information for offence triable either way

28.Using in summary trial evidence given in committal proceedings

Power to remit person under 17 for trial to juvenile court

29.Power of magistrates' court to remit a person under 17 for trial to a juvenile court in certain circumstances

Remand for medical examination

30.Remand for medical examination

Powers in respect of offenders

31.General limit on power of magistrates' court to impose imprisonment

32.Penalties on summary conviction for offences triable either way

33.Maximum penalties on summary conviction in pursuance of section 22

34.Mitigation of penalties, etc.

35.Fixing amount of fine

36.Restriction on fines in respect of young persons

37.Committal to Crown Court with a view to borstal sentence

38.Committal for sentence on summary trial of offence triable either way

39.Cases where magistrates' court may remit offender to another such court for sentence

40.Restriction on amount payable under compensation order of magistrates' court

Miscellaneous

41.Restriction on grant of bail in treason

42.Restriction on justices sitting after dealing with bail

43.Bail on arrest without warrant

44.Aiders and abettors

45.Incitement

46.Corporations

47.Service of summons out of time after failure to prove service by post

48.Return of property taken from accused

49.Taking of finger-prints

50.Construction of references to complaint in enactments dealing with offences

PART II Civil Jurisdiction and Procedure

Jurisdiction to issue summons and deal with complaints

51.Issue of summons on complaint

52.Jurisdiction to deal with complaints

Hearing of complaint

53.Procedure on hearing

54.Adjournment

55.Non-appearance of defendant

56.Non-appearance of complainant

57.Non-appearance of both parties

Civil debt

58.Money recoverable summarily as civil debt

Orders for periodical payment

59.Periodical payment through justices 'clerk

60.Revocation, variation, etc., of orders for periodical payment

61.Periodical payments payable by one person under more than one order

Payments to children

62.Provisions as to payments required to be made to a child, etc.

Orders other than for payment of money

63.Orders other than for payment of money

Costs

64.Power to award costs and enforcement of costs

Domestic proceedings

65.Meaning of domestic proceedings

66.Composition of magistrates' courts for domestic proceedings: general

67.Domestic courts and panels

68.Combined domestic court panels

69.Sittings of magistrates' courts for domestic proceedings

70.Jurisdiction of magistrates' courts in inner London for domestic proceedings

71.Newspaper reports of domestic proceedings

72.Report by probation officer on means of parties

73.Examination of witnesses by court

74.Reasons for decisions in domestic proceedings


PART III Satisfaction and Enforcement

General provisions

75.Power to dispense with immediate payment

76.Enforcement of sums adjudged to be paid

77.Postponement of issue of warrant

78.Defect in distress warrant and irregularity in its execution

79.Release from custody and reduction of detention on payment

80.Application of money found on defaulter to satisfy sum adjudged

Sums adjudged to be paid by a conviction

81.Enforcement of fines imposed on young offenders

82.Restriction on power to impose imprisonment for default

83.Process for securing attendance of offender for purposes of section 82

84.Power to require statement of means

85.Power to remit fine

86.Power of magistrates' court to fix day for appearance of offender at means inquiry etc.

87.Enforcement of payment of fines by High Court and county court

88.Supervision pending payment

89.Transfer of fine order

90.Transfer of fines to Scotland or Northern Ireland

91.Transfer of fines from Scotland or Northern Ireland

Sums adjudged to be paid by an order

92.Restriction on power to impose imprisonment for default

93.Complaint for arrears

94.Effect of committal on arrears

95.Power to remit arrears

96.Civil debt: complaint for non-payment


PART IV Witnesses and Evidence

Procuring attendance of witness

97.Summons to witness and warrant for his arrest

Evidence generally

98.Evidence on oath

99.Proof of non-payment of sum adjudged

100.Statement of wages to be evidence

101.Onus of proving exceptions, etc.

Evidence in criminal cases

102.Written statements before examining justices

103.Evidence of children in committal proceedings for sexual offences

104.Proof of previous convictions

105.Deposition of person dangerously ill

Offences

106.False written statements tendered in evidence

107.False statements in declaration proving service, etc.

PART V Appeal and Case Stated

Appeal

108.Right of appeal to the Crown Court

109.Abandonment of appeal

110.Enforcement of decision of the Crown Court

Case stated

111.Statement of case by magistrates' court

112.Effect of decision of High Court on case stated by magistrates' court

Supplemental provisions as to appeal and case stated

113.Bail on appeal or case stated

114.Recognizance's and fees on case stated

PART VI Recognizance’s

Recognizance’s to keep the peace or be of good behaviour

115.Binding over to keep the peace or be of good behaviour

116.Discharge of recognizance to keep the peace or be of good behaviour on complaint of surety

Other provisions

117.Warrant endorsed for bail

118.Varying or dispensing with requirement as to sureties

119.Postponement of taking recognizance

120.Forfeiture of recognizance

PART VII Miscellaneous and Supplementary

Constitution and place of sitting of magistrates' courts

121.Constitution and place of sitting of court

Appearance by counsel or solicitor

122.Appearance by counsel or solicitor

Process

123.Defect in process

124.Process valid notwithstanding death, etc., of justice

125.Warrants

126.Execution of certain warrants outside England and Wales

Limitation of time

127.Limitation of time

Remand

128.Remand in custody or on bail

129.Further remand

130.Transfer of remand hearings

131.Remand of accused already in custody

Restrictions on imprisonment

132.Minimum term

133.Consecutive terms of imprisonment

Detention for short periods

134.Detention in police cells, etc.

135.Detention of offender for one day in court-house or police station

136.Committal to custody overnight at police station for non-payment of sum adjudged by conviction

Fees, fines, forfeitures, etc.

137.Fees

138.Remission of fees

139.Disposal of sums adjudged to be paid by conviction

140.Disposal of non-pecuniary forfeitures

Clerks to justices

141.Clerks to justices

Power to rectify mistakes etc.

142.Power of magistrates' court to re-open cases to rectify mistakes etc.

Power to alter sums specified in certain provisions

143.Power to alter sums specified in certain provisions

Rules

144.Rule committee and rules of procedure

145.Rules: supplementary provisions

Rules about juvenile courts

146.Rules relating to juvenile court panels and composition of juvenile courts

Occasional court-houses

147.Occasional court-house

Interpretation

148." Magistrates' court"

149.Isles of Scilly

150.Interpretation of other terms

Miscellaneous

151.Application of Act to distress for rates

152.Saving for juvenile courts

153.Magistrates' court may sit on Sundays and public holidays

Repeals, short title, etc.

154.Consequential amendments, transitional provisions, repeals, etc.

155.Short title, extent and commencement

SCHEDULES

SCHEDULE 1

Offences Triable Either Way by Virtue of Section 17

SCHEDULE 2

Offences for which the value involved is relevant to the mode of trial

SCHEDULE 3

Corporations

SCHEDULE 4

Maximum Periods of Imprisonment in Default of Payment

SCHEDULE 5

Transfer of Remand Hearings

SCHEDULE 6

Fees

SCHEDULE 7

Consequential Amendments

SCHEDULE 8

Transitional Provisions and Savings

SCHEDULE 9

Repeals

ALL SEEING EYE - Seen as an elite club for business and other ambition, the Masons do a lot of good. Unfortunately, like any institution, this brotherhood will contain members that err on the wrong side of the law. It is those members that bring the majority of honest members into disrepute.

Freemasonry, as it exists in various forms all over the world, has a membership estimated by the United Grand Lodge of England at around six million worldwide. The fraternity is administratively organised into independent Grand Lodges (or sometimes Grand Orients), each of which governs its own Masonic jurisdiction, which consists of subordinate (or constituent) Lodges. The largest single jurisdiction, in terms of membership, is the United Grand Lodge of England (with a membership estimated at around a quarter million). The Grand Lodge of Scotland and Grand Lodge of Ireland (taken together) have approximately 150,000 members. In the United States total membership is just under two million.

LINKS & REFERENCE

Sussex Masons

Government publications 2010 to 2015 government policy local council transparency and accountability

2010 to 2015 Government policy local council transparency and accountability

Government policies local council transparency and accountability

Government news guidance to help councillors with new transparency agenda

https://en.wikipedia.org/wiki/Police_Act_1996

https://en.wikipedia.org/wiki/Accessories_and_Abettors_Act_1861

http://www.legislation.gov.uk/ukpga/Vict/24-25/94/section/8

http://www.legislation.gov.uk/ukpga/Vict/24-25/94/contents/enacted

https://www.gov.uk/government/policies/local-council-transparency-and-accountability

https://www.gov.uk/government/news/new-guidance-to-help-councillors-with-new-transparency-agenda

https://www.gov.uk/government/publications/2010-to-2015-government-policy-local-council-transparency-and-accountability

https://en.wikipedia.org/wiki/Knights_Templar

https://en.wikipedia.org/wiki/Freemasonry

http://www.sussexmasons.org.uk/

http://twitter.com/JaspJackson

SUSSEX POLICE OFFICERS

Aran Boyt

Joe Edwards

Giles York

Gordon Staker

Kara Tombling

Ken Jones

Paul Whitehouse

Robert Lovell

Sarah Jane Gallagher

THIS SITE CONTAINS MANY EXAMPLES OF COUNCIL'S CRIMINAL BEHAVIOUR - With thanks to Action Groups across the country for the supply of real case history and supporting documents.  *THAT THE PUBLIC MAY KNOW*

Vicarage Lane, Hailsham, East Sussex, BN27 2AX T: 01323 443322
Pine Grove, Crowborough, East Sussex, TN6 1DH T: 01892 653311

http://www.wealden.gov.uk

This site is free of © Copyright except where specifically stated.  Any person may download, use and quote any reference or any link, and is guaranteed such right to freedom of information and speech under the Human Rights and Freedom of Information Acts.  However, be aware that we cannot be held liable for the accuracy of the information provided.  All users should therefore research matters for themselves and seek their own legal advice and this information is provided simply by way of a guide.  Horse Sanctuary Trust.