The social workers' guide : a handbook on information and counselfor all who interested in public welfare / [edited by John Bernard Haldane].

Date:: [1911]

Credit: The social workers' guide : a handbook on information and counselfor all who interested in public welfare / [edited by John Bernard Haldane]. Source: Wellcome Collection.

25/532 (page 5)

$to exercise summary jurisdiction to the full. A stipendiary magistrate is equivalent to two justices, and to avoid repetition the magistrate only will be mentioned in the following statements. The magistrate has a double jurisdiction—civil and crim- inal. The former is the less impor- tant. Its most common exercise is in the grant of separation orders (see Husband and Wife), bas- tardy {q.v.) proceedings, and dis- putes between employers and workmen (see Master and Ser- vant). The criminal jurisdic- tion covers hundreds of offences. The statistics are set out in detail in the volume of Criminal Statistics presented annually to Parliament under the direction of the Home Office {q.v.) The most common is drunkenness “ with aggravations,” and next to that comes simple drunkenness. Stealing, or what is technically known as simple lar- ceny, is a cause, in many instances, for an acquaintance with the dis- ciplinary jurisdiction of the magis- trate. Other offences in which the proceedings taken annually are numbered by more than 10,000 are common assaults, cruelty to animals [q.v.), offences in relation to dogs, against the Education Acts, by owners and drivers of carts, for caus- ing obstructions and nuisances [q.v.), and by controllers of motor- cars and bicycles. Recent Acts of Parliament have created a considerable body of legislation authorising local authorities to make bye-laws [q.v.), which have added largely to the num- ber of petty offences for which a person may be brought be- fore a magistrate. They are classed with the infringement of police regulations, which also ac- counts for a considerable number of convictions. Above the number of 10,000 must also be included prostitution and offences against tl\e Revenue and Vagrancy Acts, including under the latter : begging [q.v.), sleeping out, and gaming (see Betting). The number proceeded against is very much larger than the number of convictions. In the case of proceedings under the Education Acts, the proportion is more than six to one. A wide discretion is permitted to the magistrate, even to the extent of dismissing a charge which has been proved against the offender, or attaching to the dismissal merely a condition to find security to be of good behaviour. The magistrate will probably welcome evidence as to character and antecedents from anyone well acquainted with the circumstances. Such assistance may properly be rendered by the social worker, but it is not desirable to endeavour to aid the offender by anything in the nature of legal advice, as that should be left to qualified advisers. If the serious- ness of the offence requires the prisoner to be sent for trial in a higher court, then the social worker’s opportunities are confined to securing such professional advice as the circumstances may render possible, and the collection of any evidence which the solicitor or counsel may suggest as likely to be useful. It is not necessary, there- fore, to set forth the procedure upon appeal, since the social worker, like the prisoner, must be guided by others into the proper course of action. Difficulties may sometimes arise which are beyond the small juris- diction of the magistrate in civil actions, and then recourse must be had to the county court. The area of jurisdiction of the court does not coincide with the county, but the name recalls that the court has an ancient history dating back to the time when King Alfred divided the kingdom into shires or counties. Broadly speaking, the jurisdiction of the county court extends to all$