Abstract

This chapter describes the jurisdiction of magistrate's courts civil jurisdiction in the United Kingdom. The civil jurisdiction of magistrate's courts is dealt with by three separate tribunals, namely, the adult courts, the domestic courts, and the juvenile courts. It is proposed first to refer to the domestic courts which deal with matrimonial, affiliation, and guardianship of infants' cases. Section 56 of the Magistrates Courts Act, 1952, enacts that a magistrates court when hearing domestic proceedings shall be composed of not more than three justices, including so far as practicable both a man and a woman. Application for legal aid in these proceedings has to be made in the prescribed form to the secretary of the appropriate legal aid committee of the Law Society, as magistrate's courts have no power to grant legal aid. Desertion is a matter of inference, and to prove it, a termination of cohabitation which has been brought about by intention of the defendant without consent by the complainant, must be proved.

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