ABSTRACT
All summary offences are tried in the magistrates’ courts. In addition, statute provides that certain indictable offences may be tried summarily. 1 When this procedure is invoked, the matter is thereafter tried in the same manner as a summary offence. Summary proceedings are governed almost exclusively by statute as magistrates (and Justices of the Peace) are creatures of statute. 2 The legislative provisions and magistrates’ powers have been considered and interpreted by the courts over time and case law now serves to amplify statute in respect of summary proceedings. Once a summary complaint is laid before a magistrates’ court, the attendance of the defendant must be secured and then summary trial may commence.
