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Court of Quarter Sessions | |
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Established | 1388 |
Dissolved | 1972 |
Jurisdiction | England and Wales |
Appeals to | Court of Appeal of England and Wales |
Appeals from | Magistrates' Court |
The courts of quarter sessions or quarter sessions were local courts that were traditionally held at four set times each year in the Kingdom of England from 1388; they were extended to Wales following the Laws in Wales Act 1535. [1] Scotland established quarter sessions in the 17th century. Quarter sessions were also established in Ireland and British colonies overseas.
Quarter sessions generally sat in the seat of each county and county borough, and in numerous non-county boroughs which were entitled to hold their own quarter sessions, although some of the smaller boroughs lost theirs in 1951; these non-county boroughs were mainly, but not exclusively, ancient boroughs. [2]
In 1972, all quarter sessions were abolished in England and Wales with the commencement of the Courts Act 1971, which replaced them and the assizes with a single permanent Crown Court. In Scotland, they survived until 1975, when they were abolished and replaced by district courts and later by justice of the peace courts.
The quarter sessions were named after the quarter days on which they met in England and Wales from 1388. These days were later settled as Epiphany, Easter, Midsummer, and Michaelmas sessions.
Bentley notes in English Criminal Justice in the Nineteenth Century that "the reputation of such courts remained consistently bad throughout the century" due to failure by chairmen to take proper note of evidence, display of open bias against prisoners, and the severity of sentences compared to the assizes. Chairmen of county sessions did not originally have to be legally qualified, though the jurisdiction of county quarter sessions was extended to cover a wider range of offences if they had appointed a legally-qualified chairman. [3] : 121 From 1962 it was required that all chairmen had to be legally qualified. Occasionally County Court or High Court judges accepted appointment, as it was a part-time one. [3] : 122
The quarter sessions generally heard crimes that could not be tried summarily by the justices of the peace without a jury in petty sessions, which were sent up by the process of indictment to be heard in quarter sessions. [3] : 121
The quarter sessions did not have jurisdiction to hear the most serious crimes, most notably those subject to capital punishment or later life imprisonment. These crimes were sent for trial at the periodic assizes. [3] : 121
The courts of quarter sessions, throughout, had a narrow civil jurisdiction; however, until the Local Government Act 1888 created elected county councils, they also provided or authorised much major infrastructure and services that needed to span more than one vestry for their respective counties.
Most of such powers were delegated to committees, given specific responsibilities, of members – magistrates. Most of these administrative functions were transferred to county councils when they were established in 1888.
These functions and powers included:
The quarter sessions in each county were made up of two or more justices of the peace, presided over by a chairman, who sat with a jury. County boroughs and other boroughs entitled to their own quarter sessions had a single recorder instead of a bench of justices. [3] : 121
Every court of quarter sessions had a clerk called the clerk of the peace. For county quarter sessions, this person was appointed by the custos rotulorum of the county – the justice of the peace for the county charged with custody of its rolls and records. There was a large fee income for the clerk, and he was usually a friend or relative of the custos. The clerk rarely discharged the duties of the office himself, but appointed a solicitor to act as his deputy in return for a share of the fees. After 1852, payment by salary was gradually brought in instead of fees.
In some counties there were multiple quarter sessions, quite apart from those held by the county boroughs and boroughs with their own quarter sessions: for example, Yorkshire had its North Riding, West Riding, and East Riding; whilst Northamptonshire's Soke of Peterborough was administered separately. These divisions were carried over into the administrative counties that county councils covered.
The non-county boroughs of then-fewer than 20,000 residents lost their own quarter sessions on 1 October 1951. [4]
That Act also created a separate quarter sessions for the Isle of Wight.
The more populous non-county boroughs continued to hold their own quarter sessions, [2] until they were abolished in 1972 by the Courts Act 1971.
Quarter Sessions were also held in the colony of New South Wales. [5]
The courts of quarter sessions of the peace was created in August 1764 and headed by a chairman in each district. In Montreal, the Governor of Montreal was replaced with the Court of Quarter Sessions Chairman.
List of quarter session courts in Lower Canada from 1763 to 1790:
In 1791, 27 districts were created to replace the role of the three founding districts. In 1832 when Montreal was incorporated as a city the role of the Mayor of Montreal replaced the quarter sessions chairman and that of the court by Montreal City Council.
A Court of Quarter Sessions was held four times a year in each district to oversee the administration of the district and deal with legal cases in the Province of Upper Canada (later Province of Canada West after 1841). It was created in 1788 and remained in effect until 1849 when local governments and courts were assigned to county governments to replace the district system created in the 1780s.
List of Quarter Session courts in Upper Canada and later in Canada West:
In India, Bangladesh and Malaysia, the quarter sessions have evolved into permanent Sessions Courts.
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There were quarter sessions courts for each county and county of a city or town as well as the boroughs of Derry, Kinsale, and Youghal. The recorder of the court sat alone. In Dublin city, which had no assizes, the quarter sessions court had cognizance of all crimes committed within the city's boundaries except treason. The Municipal Corporations (Ireland) Act 1840 abolished many city and borough courts, but Dublin, Cork, Galway and Carrickfergus retained their courts of quarter sessions.
In 1867, the Attorney-General for Ireland, Hedges Eyre Chatterton, issued guidelines to regulate which cases ought to be tried at assizes rather than quarter sessions: treason, murder, treason felony, rape, perjury, assault with intent to murder, party processions, election riots, and all offences of a political or insurrectionary character. [6]
Quarter Sessions were abolished in the Irish Free State under the Courts of Justice Act 1924. [7] Their jurisdiction (together with that of the assizes and the county courts) was largely transferred to the Circuit Court.
Quarter sessions were established in Scotland by an Act of the Parliament of Scotland in 1661 (cap. 38), which directed justices of the peace to meet together in each county on the first Tuesday of March, May and August, and the last Tuesday of October. [5] Often quarter sessions were delayed, in which case they met as general sessions. [8] Quarter sessions were abolished alongside other local courts by the District Courts (Scotland) Act 1975, which moved justices of the peace to sit in a uniform series of district courts, since replaced by justice of the peace courts.
Courts of quarter sessions also existed in North American colonies and were sometimes known as courts of general sessions. When the United States became an independent country, the Courts of General Sessions became independent of those Britain and were gradually replaced by other court systems, although the name "Court of Quarter Sessions" or "quarterly court" was retained for some county legislative bodies in some jurisdictions.
In Pennsylvania, the courts of general sessions continued until the constitution of that Commonwealth was rewritten in 1968 and the courts' jurisdiction was placed under the pre-existing courts of common pleas in each county.
In New York, the Court of Quarter Sessions was established in October 17, 1683, by the first Assembly in New York. It had jurisdiction over both civil and criminal matters until 1691, when it was restricted to felony crimes not punishable by death or life imprisonment. The court was abolished in all counties of New York except New York County (now Manhattan). In New York County, the Court of General Sessions continued until 1962 when its scope devolved to the New York Supreme Court (a trial-level court of general jurisdiction not to be confused with the highest court of the New York system, which is called the New York Court of Appeals). At the time when it was abolished, the Court of General Sessions of New York County was the oldest criminal court in the United States. [9]
In the Northwest Territory, Governor Arthur St. Clair modeled county government on that of Pennsylvania. In each county, a court of quarter sessions of the peace, composed of three or more justices of the peace, served as the administrative and fiscal board of the county. In 1804, after Ohio became a state, the courts of quarter sessions of the peace were replaced by boards of county commissioners. [10]
In Great Britain and Ireland, a county town is the most important town or city in a county. It is usually the location of administrative or judicial functions within a county, and the place where public representatives are elected to parliament. Following the establishment of county councils in England 1889, the headquarters of the new councils were usually established in the county town of each county; however, the concept of a county town pre-dates these councils.
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning.
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
A justice of the peace (JP) is a judicial officer of a lower court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
The Soke of Peterborough was a historic area of England associated with the City and Diocese of Peterborough. It was part of Northamptonshire, but was administered by its own county council, while the rest of Northamptonshire was administered by Northamptonshire County Council. The Soke was also described as the Liberty of Peterborough, or as the Nassaburgh hundred, and comprised, besides Peterborough, about thirty parishes. The Soke was abolished in 1965.
Circuit courts are court systems in several common law jurisdictions. It may refer to:
The Courts Act 1971 is an act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and Wales, as well as effectively separating the business of the criminal and civil courts.
The Home District was one of four districts of the Province of Quebec created in 1788 in the western reaches of the Montreal District and detached in 1791 to create the new colony of Upper Canada. It was abolished with the adoption of the county system in 1849.
Eastern District was one of four districts of the Province of Quebec created in 1788 in the western reaches of the Montreal District and partitioned in 1791 to create the new colony of Upper Canada.
A recorder is a judicial officer in England and Wales and some other common law jurisdictions.
The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a range of tribunals. In its criminal jurisdiction, the Court may deal with all serious criminal offences except murder, treason and piracy. The Court's civil jurisdiction is generally limited to claims less than A$1,250,000.
Midland District was one of four districts of the Province of Quebec created in 1788 in the western reaches of the Montreal District and partitioned in 1791 to create the new colony of Upper Canada.
A clerk of the peace held an office in England and Wales whose responsibility was the records of the quarter sessions and the framing of presentments and indictments. They had legal training, so that they could advise justices of the peace.
The Courts of Justice Act 1924 was an Act of the Oireachtas that established a new system of courts for the Irish Free State. Among the new courts was the Supreme Court of the Irish Free State, and the first Chief Justice of the Irish Free State was also appointed under the Act.
The assizes, or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, most notably those subject to capital punishment or, later, life imprisonment. Other serious cases were dealt with by the quarter sessions, while the more minor offences were dealt with summarily by justices of the peace in petty sessions.
The courts of assizes or assizes were the higher criminal court in Ireland outside Dublin prior to 1924. They have now been abolished in both jurisdictions.
Montreal District was colonial district in New France and British North America with its capital in Montreal. A descendant of the district exists today as the judicial district of Montreal. Western parts transferred to Upper Canada, later as Canada West and are now in Ontario where as the northeast became Labrador and now within Newfoundland and Labrador.
The palatine courts of Durham were a set of courts that exercised jurisdiction within the County Palatine of Durham. The bishop purchased the wapentake of Sadberge in 1189, and Sadberge's initially separate institutions were eventually merged with those of the County Palatine.
The justice of the peace was a court official that existed at the county or district level in from the colonial period of the Province of North Carolina until 1968 in the U.S. State of North Carolina. Originally, the Justices of the Peace had authority over the Magistrates Courts, which covered petty criminal offenses and some civil matters. They were appointed by the Governor of the Province. In 1741, they were given the authority to solemnize marriages in counties that did not have ministers or with the consent of the local minister. After North Carolina became a State, they continued authority over Magistrates Courts at the county level, as well as solemnizing of marriages. They were commissioned by Governor of North Carolina upon recommendation of the North Carolina General Assembly. After the U.S. Civil War, they were authorized to register slave marriages that took place before the war. The number of Justices of the Peace in North Carolina continued to grow until the 1950s. The lack of uniform jurisdictions, rules and appointment procedures across North Carolina counties led to major changes in the North Carolina judicial system in 1968 that abolished the Justices of the Peace and placed some of their responsibilities with Magistrates.
Accounts of the Indigenous law governing dispute resolution in the area now called Ontario, Canada, date from the early to mid-17th century. French civil law courts were created in Canada, the colony of New France, in the 17th century, and common law courts were first established in 1764. The territory was then known as the province of Quebec.