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The titles "magistrate" and "justice of the peace" are interchangeable terms for basically the same thing, although today the former is commonly used in the popular media, and the latter in more formal contexts. Magistrates sit in tribunals or "benches" composed of no more than three members.
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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.
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers.
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 ...
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.
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.