Summary proceedings: Summary proceedings in the magistrates' court
Authority to take proceedings in the magistrates court
Summary proceedings are taken in the magistrates’ court. Magistrates courts dealwith criminal offences but they can also deal with some civil actions including taxclaims. Only civil debts specified in the Magistrates Courts Act 1980 or by anotherenactment can be recovered by order of the magistrates court.
Rules of the court
The Magistrates’ Courts Act 1980 (MCA80) and either the Magistrates’ Courts Rules 1981(MCR81), or the Magistrates’ Courts Rules (Northern Ireland) 1984 provide the legislation,rules and conduct of proceedings in magistrates’ courts. They must be strictly observed.
You do not need a detailed knowledge of the magistrates’ courts’ legislation but if thecourt raises a point relating to this that you cannot answer, telephone P&S Shipleyfor advice.