Act of Parliament | |
Long title | An Act to protect Justices of the Peace from Vexatious Actions for Acts done by them in Execution of their Office. |
---|---|
Citation | 11 & 12 Vict. c. 44 |
Dates | |
Royal assent | 14 August 1848 |
Other legislation | |
Amended by | Statute Law Revision Act 1875 |
Repealed by | Justices of the Peace Act 1979 |
Relates to | Courts Act 2003 |
Status: Repealed |
The Justices Protection Act 1848 (11 & 12 Vict. c. 44) was an act of the Parliament of the United Kingdom that gave justices of the peace in England and Wales immunity from civil actions arising from their adjudication.
The act was sponsored and drafted by John Jervis and was one of the so-called Jervis Acts of 1848.
Prior to the act, justices of the peace (magistrates) were hampered in their functions by the risk of prosecution or civil action for decisions they had taken in the execution of their official functions. An individual disgruntled at a decision could mount a de facto challenge by bringing a civil claim against a justice and even achieve a rehearing of his case. [2] Claims against justices for damages, through writs of certiorari , for exceeding their jurisdiction were particularly common. The courts did, however, take any opportunity to interpret the law narrowly so as to exclude the challenges, as for example in the Bumboat case, [3] [4] and Sheridan has doubted whether there was really an extensive problem. [5]
Sir John Jervis was Attorney General and shared the widespread view that the law as to justices was archaic and in need in reform. Further, Justices were becoming increasingly important with the rise of criminal legislation. The act was one of the three Jervis Acts, the other two being the Summary Jurisdiction Act 1848 (11 & 12 Vict. c. 43) and Indictable Offences Act 1848. [6]
The long title of the act was:
An Act to protect Justices of the Peace from Vexatious Actions for Acts done by them in Execution of their Office.
The act, for the first time in England and Wales, drew a distinction between unlawful acts of justices within their jurisdiction and acts unlawful because performed outside the justice's jurisdiction. Claims could only be brought for actions within jurisdiction if there was an allegation that the action was malicious and without reasonable and probable cause. [2]
The act was repealed by the Justices of the Peace Act 1979 which introduced similar protection. The law is now contained in sections 31–33 of the Courts Act 2003. [7]
The Constables Protection Act 1750 (24 Geo. 2. c. 44) already gave constables "and other officers" protection from being sued for carrying out the orders of the courts.
In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.
The Riot Act, sometimes called the Riot Act 1714 or the Riot Act 1715, was an act of the Parliament of Great Britain which authorised local authorities to declare any group of 12 or more people to be unlawfully assembled and order them to disperse or face punitive action. The act's full title was "An Act for preventing tumults and riotous assemblies, and for the more speedy and effectual punishing the rioters", and it came into force on 1 August 1715. It was repealed in England and Wales by section 10(2) and Part III of Schedule 3 of the Criminal Law Act 1967. Acts similar to the Riot Act passed into the laws of British colonies in Australia and North America, some of which remain in force today.
Breach of the peace or disturbing the peace is a legal term used in constitutional law in English-speaking countries and in a public order sense in the United Kingdom. It is a form of disorderly conduct.
Summary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal brevi manu with contempts of court without the intervention of a jury. Probably the power was originally exercisable only when the fact was notorious, i.e. done in presence of the court. But it has long been exercised as to extra curial contempts.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
The Court for Crown Cases Reserved or Court for Criminal Cases Reserved was an appellate court established in 1848 for criminal cases in England and Wales to hear references from the trial judge. It did not allow a retrial, only judgment on a point of law. Neither did it create a right to appeal and only a few selected cases were heard every year.
The County Police Act 1839 was an Act of the Parliament of the United Kingdom. It was one of the Police Acts 1839 to 1893. The Act enabled Justices of the Peace in England and Wales to establish police forces in their counties. The Act was not compulsory, and constabularies were only established in 25 out of 55 counties by 1856, when the County and Borough Police Act 1856 made their provision mandatory.
Sir John Jervis, PC was an English lawyer, law reformer and Attorney General in the administration of Lord John Russell. He subsequently became a judge and enjoyed a career as a robust but intelligent and innovative jurist, a career cut short by his early and sudden death.
The Common Informers Act 1951 is an Act of the United Kingdom Parliament that abolishes the principle of, and procedures concerning a common informer.
The Offences Against the Person Act 1828, also known as Lord Lansdowne's Act, was an act of the Parliament of the United Kingdom that consolidated for England and Wales provisions in the law related to offences against the person from a number of earlier piecemeal statutes into a single act. Among the laws it replaced was clause XXVI of Magna Carta, the first time any part of Magna Carta was repealed, and the Buggery Act 1533. The act also abolished the crime of petty treason.
The Offences Against the Person Act 1837 was an act of the Parliament of the United Kingdom that amended the law to lessen the severity of punishment of offences against the person, lessening the severity of the punishment of offences.
Unlawful Oaths Act is a stock short title used for legislation in the United Kingdom and the Republic of Ireland relating to unlawful oaths.
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.
The Piracy Act 1850, sometimes called the Pirates Repeal Act 1850, is an Act of the Parliament of the United Kingdom. It relates to proceedings for the condemnation of ships and other things taken from pirates and creates an offence of perjury in such proceedings.
The Criminal Justice Administration Act 1851 is an Act of the Parliament of the United Kingdom.
The Summary Jurisdiction Act 1884, also known as the Summary Jurisdiction (Repeal) Act 1884, was an act of the Parliament of the United Kingdom that clarified the Summary Jurisdiction Acts as amended by the Summary Jurisdiction Act 1879 and repealed for England and Wales statutes from 1691 to 1882.
The Prosecution of Offences Act 1879 was an act of the Parliament of the United Kingdom. It was one of the Prosecution of Offences Acts 1879 to 1908.
The Summary Jurisdiction Act1848, also known as the Duties of Justices Act 1848 is an act of the Parliament of the United Kingdom that consolidated the provisions of a large number of statutes relating to summary jurisdiction. The act is one of the Jervis's Acts, also known as Summary Jurisdiction Acts, which reformed the local administration of justice in England.