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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.
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 position of stipendiary magistrate in New Zealand was renamed in 1980 to that of district court judge. The position was often known simply as "magistrate" or with the postnominal initials "SM" in newspapers' court reports. In the late 1990s, a position of community magistrate was created for District Courts on a trial basis. A community ...
The role of justice of the peace, now often known as magistrates, originates from the Justices of the Peace Act 1361. The powers and responsibilities of them have altered over their long history. A justice of the peace held powerful sentencing powers such as hanging, whipping and penal transportation. Justices of the peace gained an array of ...
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 ...
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.
Chief magistrate is a public official, executive or judicial, whose office is the highest in its class. Historically, the two different meanings of magistrate have often overlapped and refer to, as the case may be, to a major political and administrative officer (usually at a subnational or colonial level) or a judge and barrister .