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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.
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 ...
A court clerk (British English: clerk to the court or clerk of the court / k l ɑːr k /; American English: clerk of the court or clerk of court / k l ɜːr k /) is an officer of the court whose responsibilities include maintaining records of a court and administering oaths to witnesses, jurors, and grand jurors [1] [2] as well as performing some quasi-secretarial duties. [3]
The vast majority of magistrates' courts are taken by the justices' clerk's assistants who are known as magistrates' clerks, court clerks or legal advisers. Their primary role is to provide legal advice to magistrates in the court room and in their retiring room, as well as assisting in the administration of the court business. [76]
Students of law who, after law school, have passed the first of two required examinations join the Referendariat, a time of two years consisting of a series of clerkships: for a civil law judge, a criminal law judge or a prosecutor, a government office and finally at a law firm. The purpose of this clerkship is solely the legal education of the ...
The lead magistrate is known as a Presiding Justice (PJ) and should be addressed in court as "sir" or "ma'am" or "your worship", and the magistrates collectively as "your worships". In writing they are their usual name followed by "JP" (for Justice of the Peace). [64] Other magistrates on the bench are known as "wingers". [65]
The JCIO found the magistrate had said "this is shit" after the bench had delivered its verdict in a case, adding that the language and behaviour amounted to serious misconduct.
[1] [2] [3] A court clerk or a court reporter takes down a record of oral proceedings. [4] That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some U.S. states , death penalty statutes provide that all evidence must be ...