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This is conducted by an appraiser who is an experienced magistrate specially trained for the role. Following the sitting, the magistrate and the appraiser use the competence framework for magistrates to assess the appraisee's performance and to identify if the magistrate has any outstanding training needs.
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]
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.
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 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.
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.
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 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.