A magistrate constituting the Court of Summary Jurisdiction has implied power to dismiss charges on complaint prior to hearing on the merits where the complainant fails to comply with pre-trial court orders. This power does not extend to charges on information where the conditions precedent to summary jurisdiction have not been satisfied. Section 163(1) of the Justices Act excludes appeal from an order dismissing a complaint regardless of the basis for dismissal. A purported dismissal of charges on information made without jurisdiction does not constitute a final adjudication and is not appealable, but the informant remains at liberty to lay fresh informations.
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