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Although they can no longer sit as magistrates, they are able to carry out minor administrative functions, the signing of official documents. Magistrates may of course resign their office at any time. Magistrates moving out of the judicial area are placed on the Supplemental List until there is a vacancy in the new area. [71]
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 organisation's Framework Document says its aim is "to run an efficient and effective courts and tribunals system, which enables the rule of law to be upheld and provides access to justice for all." The courts over which it has responsibility are the Court of Appeal, the High Court, the Crown Court, the magistrates' courts, and the county ...
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.
The government's response to the Auld Report, a white paper entitled "Justice for All", was published in 2002, [13] recommended that one agency should manage the courts in England and Wales, instead of the Magistrates' Courts Service and the Court Service (for the county courts, crown courts and higher courts) being administered separately.
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Also some civil matters may be dealt with here, such as family proceedings.