Justices Protection Act 1848
Encyclopedia
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.
challenge by bringing a civil claim against a Justice and even achieve a rehearing of his case. Claims against Justices for damages
, through writ
s 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,
and Sheridan has doubted whether there was really an extensive problem.
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 and Indictable Offences Act 1848.
of the Act was:
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.
.
s "and other officers" protection from being sued for carrying out the orders of the courts.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that gave Justices of the Peace in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
immunity from civil actions arising from their adjudication.
The Act was sponsored and drafted by John Jervis
John Jervis (politician)
Sir John Jervis was an English lawyer, law reformer and Attorney General in the administration of Lord John Russell...
and was one of the so-called Jervis Acts of 1848.
Background
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 factoDe facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
challenge by bringing a civil claim against a Justice and even achieve a rehearing of his case. Claims against Justices for damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
, through writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
s of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, 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,
and Sheridan has doubted whether there was really an extensive problem.
Sir John Jervis was Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
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
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
. The Act was one of the three Jervis Acts, the other two being the Summary Jurisdiction Act 1848 and Indictable Offences Act 1848.
The Act
The long titleLong title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of the Act was:
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
Malice (legal term)
Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being...
and without reasonable and probable cause.
Repeal
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 2003Courts Act 2003
The Courts Act 2003 is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's in England and Wales...
.
Related legislation
The Constables Protection Act 1750 already gave constableConstable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
s "and other officers" protection from being sued for carrying out the orders of the courts.