John Jervis (judge)

The son of Thomas Jervis, he was educated at Westminster School and Trinity College, Cambridge, though he did not graduate,[1] apparently preferring to take a commission as an officer in the British Army.

[3] Jervis went on to author four editions of All the Rules of the Courts of King's Bench and Common Pleas and Exchequer (1832–1839) and established his reputation as a leading scholar of procedure so that in 1850 he was appointed chair of a commission to inquire into practice and procedure at the common law courts, alongside James Shaw Willes and George Wilshere, 1st Baron Bramwell.

By 1848, the institution of Justice of the Peace in England and Wales had fallen into disrepute in some legal circles,[15] its statutory basis dating back to the sixteenth century.

[16] Jervis was responsible for sponsoring, drafting and all but single-handedly guiding through the House of Commons three bills to reform the criminal and civil roles of a Justice of the Peace in England and Wales: The Acts won considerable praise as soon as they came into force though they did later attract criticism for their verbose style.

[16] In retrospect, Getzler expresses the opinion that the system of local justices would have fallen into further disrepute and ultimate decline and desuetude without these reforms.

[18] The Indictable Offences Act 1848 is important in that it is the first codification of the police caution in England and Wales, in the words:[19][17]: s.18 Having heard the evidence, do you wish to say anything in answer to the charge?

Jervis achieved consistency of practice by appending extensive forms and precedents to the Acts so as to provide a straightforward means by which Justices could comply though allowing them, at least the perception of, freedom to adapt to local circumstances.

Sir John Jervis.
Sir John Jervis, 1847