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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. [73] The clerk's duty is to guide magistrates on questions of law, practice and procedure.
In the magistrates' court, cases are usually heard by a bench of three (or occasionally two) justices of the peace, or by a district judge (magistrates' court). Criminal cases are usually, although not exclusively, investigated by the police and then prosecuted at the court by the Crown Prosecution Service.
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 legal adviser, formerly referred to as a justices' clerk or clerk to the justices is an official of the magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace (also known as magistrates).
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 Crown Court also hears appeals from magistrates' courts. The Crown Court is the only court in England and Wales that has the jurisdiction to try cases on indictment, and when exercising such a role, it is a superior court in that its judgments cannot be reviewed by the Administrative Court of the King's Bench Division of the High Court.
A 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 .
The role of resident magistrate was created on a somewhat trial basis in 1814, and extended to the entire country by the Constabulary (Ireland) Act 1836. The resident magistrate was supposed to sit amongst the justices at Petty Sessions—the courts of summary jurisdiction in pre-independence Ireland—and guide the justices to apply the law ...