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Magistrate derives from the Middle English word magistrat, denoting a "civil officer in charge of administrating laws" (c.1374); from the Old French magistrat; from the Latin magistratus, which derives from magister (master), from the root of magnus (great). [14] Today, in England and Wales, the word is used to describe a justice of the peace.
Additional district magistrate : The government may also appoint any executive magistrate to be an additional district magistrate who shall have all or any of the powers of a district magistrate under the code or under any other law for the time being in force, as the government may direct.
All three magistrates contribute equally to the decision-making, and carry equal authority, but the presiding justice will speak on their behalf in open court. [11] The magistracy is an ancient institution, dating in England from at least 1327. The role is underpinned by the principles of "local justice" and "justice by one's peers". [15]
From the magistrates' courts, an appeal can be taken to the Crown Court on matters of fact and law or, on matters of law alone, to the Administrative Court of King's Bench Division of the High Court, which is called an appeal "by way of case stated". The magistrates' courts are also inferior courts and are therefore subject to judicial review.
A justices' clerk had the powers of a single magistrate, for example to issue a summons, adjourn proceedings, extend bail, issue a warrant for failing to surrender to bail where there is no objection on behalf of the accused, dismiss an information where no evidence is offered, request a pre-sentence report, commit a defendant for trial without consideration of the evidence and give directions ...
The Supreme Court is independent of the government of the UK, of Parliament, and of the court services of England and Wales, Scotland and Northern Ireland. It takes appeals from the Appeals Courts of England and Wales and of Northern Ireland, and Scotland's High Court of the Judiciary (civil cases only [31]). The President of the Supreme Court ...
A resident magistrate is a title for magistrates used in certain parts of the world, that were, or are, governed by the British. Sometimes abbreviated as RM, it refers to suitably qualified personnel—notably well versed in the law—brought into an area from outside as the local magistrate, typically to be the guiding hand amongst other lay magistrates.
Text of the Courts Act 2003 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. The Courts Act 2003 (c.39) is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's (a Court of Appeal judge) Review of the Criminal Courts in England and Wales (also ...