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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 In modern historiography, ancient Rome refers to Roman people, Roman civilisation from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD. It encompasses the Roman Kingdom ...
, a ''
magistratus The Roman magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate.Abbott, 8 His power, in practice, was absolute. He was the chief priest, lawgiver, jud ...
'' was one of the highest ranking government officers, and possessed both judicial and
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive di ...
powers. In other parts of the world, such as
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g.,
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.


Original meaning

In
ancient Rome In modern historiography, ancient Rome refers to Roman people, Roman civilisation from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD. It encompasses the Roman Kingdom ...
, the word ''
magistratus The Roman magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate.Abbott, 8 His power, in practice, was absolute. He was the chief priest, lawgiver, jud ...
'' referred to one of the highest offices of state. Analogous offices in the local authorities, such as ''
municipium In ancient Rome, the Latin term (pl. ) referred to a town or city. Etymologically, the was a social contract among ("duty holders"), or citizens of the town. The duties () were a communal obligation assumed by the in exchange for the priv ...
'', were subordinate only to the legislature of which they generally were members, ''
ex officio An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
'', often a combination of judicial and executive power, constituting one jurisdiction. In Rome itself, the highest magistrates were members of the so-called ''
cursus honorum The ''cursus honorum'' (; , or more colloquially 'ladder of offices') was the sequential order of public offices held by aspiring politicians in the Roman Republic and the early Roman Empire. It was designed for men of senatorial rank. The ''c ...
'', 'course of honors'. They held both judicial and
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive di ...
power within their sphere of responsibility (hence the modern use of the term "magistrate" to denote both judicial and executive officers), and also had the power to issue ''ius honorarium'', or magisterial law. The
Consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states throu ...
was the highest
Roman Roman or Romans most often refers to: * Rome, the capital city of Italy * Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *''Epistle to the Romans'', shortened to ''Romans'', a lett ...
magistrate. The
Praetor Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge vari ...
(the office was later divided into two, the Urban and Peregrine Praetors) was the highest judge in matters of
private law Private law is that part of a civil law legal system which is part of the '' jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations ...
between individual citizens, while the Curule Aediles, who supervised
public works Public works are a broad category of infrastructure projects, financed and constructed by the government, for recreational, employment, and health and safety uses in the greater community. They include public buildings ( municipal buildings, sc ...
in the city, exercised a limited civil jurisdiction in relation to the market. Roman magistrates were not lawyers, but were advised by
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the U ...
s who were experts in the law. The term was maintained in most feudal successor states to the western
Roman Empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Roman Republic, Republican period of ancient Rome. As a polity, it included large territorial holdings aro ...
. However, it was used mainly in Germanic kingdoms, especially in city-states, where the term magistrate was also used as an abstract generic term denoting the highest office, regardless of the formal titles (e.g. Consul, Mayor, Doge), even when that was actually a council. The term "
chief magistrate 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 admini ...
" applied to the highest official, in sovereign entities the
head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
and/or
head of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a ...
.


Continental Europe and its former colonies

Under the "civil law" systems of European countries, such as Belgium, France, Italy and the Netherlands, ''magistrat'' (French), ''magistrato'' (Italian) and ''magistraat'' (Dutch) are generic terms which comprise both prosecutors and judges, distinguished as the 'standing' versus 'sitting' magistrature, respectively. In France and Italy, and several other European countries, examining magistrate judges have represented the victim and are part of overseeing investigations from the beginning of a case, in consultation with police and prosecutors. In France they are titled investigative judge (', "judge of inquiry"). Italy and some other nations have ended this practice. In Portugal, besides being used in the scope of the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
to designate prosecutors and judges, the term ''magistrado'' was also used to designate certain government officials, like the former civil governors of
district A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivision ...
. These were referred as "administrative magistrates", to distinguish them from the judiciary magistrates. The President of Portugal is considered the Supreme Magistrate of the Nation. In Finland, ''maistraatti'' (the Finnish-language cognate of "magistrate", officially translated as "local register office") is a state-appointed local administrative office whose responsibilities include keeping population information and public registers, acting as a public notary and conducting civil marriages.


Mexico

In Mexico's Federal Law System, a ''magistrado'' (magistrate) is a superior judge (and the highest-ranking State judge), hierarchically beneath the Supreme Court Justices (Ministros de la Corte Suprema). The ''magistrado'' reviews the cases seen by a judge in a second term if any of the parties disputes the verdict. For special cases, there are ''magistrados superiores'' (superior magistrates) who review the verdicts of special court and tribunal magistrates.


English common law tradition


United Kingdom


England and Wales

Magistrates hear '
summary offence A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...
s' and some ' triable-either-way offences' in the
Courts of England and Wales The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales. The United Kingdom does not have ...
. In 2021, there were 12,651 magistrates, a number that has fallen steadily in recent years, decreasing by 50% from 25,170 since 2012. Magistrates have a maximum sentencing power of up to 12 months' imprisonment, and/or an unlimited fine. In practice, magistrates have a wide range of sentencing options, which include issuing
fines Fines may refer to: * Fines, Andalusia, Spanish municipality * Fine (penalty) * Fine, a dated term for a premium on a lease of land, a large sum the tenant pays to commute (lessen) the rent throughout the term *Fines, ore or other products with a s ...
, imposing community orders, or dealing with offences by means of a
discharge Discharge may refer to Expel or let go * Discharge, the act of firing a gun * Discharge, or termination of employment, the end of an employee's duration with an employer * Military discharge, the release of a member of the armed forces from ser ...
. In more serious cases, where magistrates' consider that their sentencing powers are insufficient, they can send ' either-way' offenders to the
Crown Court The Crown Court is the court of first instance of England and Wales responsible for hearing all indictable offences, some either way offences and appeals lied to it by the magistrates' courts. It is one of three Senior Courts of England and W ...
for sentencing. All criminal cases begin in a magistrates' court. The most serious cases (for example murder, rape, etc) are sent to the Crown Court, although magistrates' will often decide on issues such as bail and any preliminary matters. Lesser offences, including all summary only offences and some either-way offences will be dealt with entirely in the magistrates' court. A wide range of other legal matters are within the remit of magistrates, such as matters relating to licensing and debt collection, for example. In the past, magistrates have been responsible for granting licences to sell alcohol,; this function is now exercised by local councils, although there is a right of appeal to the magistrates' court. Magistrates are also responsible for granting orders such as search warrants to the police and other authorities. It used to be a requirement that they live within a radius of the area they preside over (the ''commission area'') in case they are needed to sign a warrant after hours. However, ''commission areas'' were replaced with ''Local Justice Areas'' by the Courts Act 2003, meaning magistrates no longer need to live within ; although, in practice, many still do. Section 7 of the Courts Act 2003 states that "There shall be a commission of the peace for England and Wales—…b) addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for England and Wales". Thus, every magistrate in England and Wales may act as a magistrate anywhere in England or Wales. There are two types of magistrates in England and Wales: Justices of the Peace, and District Judges (formerly known as
stipendiary magistrate Stipendiary magistrates were magistrates that were paid for their work (they received a stipend). They existed in the judiciaries of the United Kingdom and those of several former British territories, where they sat in the lowest-level criminal ...
s). Justices of the peace (JPs) are trained volunteers appointed from the local community; the nature of their role means that it is not necessary for them to be legally qualified, but they do have the assistance of a legally qualified adviser in Court. JPs require intelligence, common sense, integrity, and the capacity to act fairly. They are selected by a local advisory committee and only recommended to the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
for appointment if they can demonstrate the six key qualities required of a judicial office holder, these are: (a) good character, (b) commitment and reliability, (c) social awareness, (d) sound judgement, (e) understanding and communication and (f) maturity and sound temperament. Membership is widely spread throughout the area covered and drawn from all walks of life. Police officers, traffic wardens, RSPCA employees and certain other categories of employees, as well as their close relatives, will not be appointed, nor will those convicted of certain criminal offences including recent minor offences. All new justices of the peace undergo comprehensive training before sitting. There is a mentoring programme to help guide new appointees (mentors are magistrates with at least three years' service). The training, delivered by the Judicial College, covers the necessary law and procedure required for their role. They continue to receive training throughout their judicial career, and are appraised every four years (every two years for a Presiding Justice) to check that they continue to remain competent in their role. Additional training is given to justices choosing to sit in the Youth Court or those dealing with family matters. New JPs sit with mentors on at least six occasions during their first eighteen months. Justices of the peace are unpaid appointees, but they may receive allowances to cover travelling expenses, subsistence and loss of earnings for those not paid by their employer while sitting as a magistrate, up to a maximum of £116.78 a day. A justice of the peace may sit at any magistrates' court in England and Wales, but in practice, they are appointed to their local bench (a colloquial and legal term for the local court). Justices of the peace will normally sit as a panel of three, with two as a minimum in most cases, except those cases dealt with under the "Single Justice Procedure". Many are members of the Magistrates' Association, which provides advice and training and also represents magistrates. The other type of magistrate is known as a district judge (magistrates' courts). Unlike justices of the peace, district judges (magistrates' courts) usually sit alone, although still have the benefit of a legal adviser. They are paid Judges appointed by open competition through a process administered by the Judicial Appointments Commission (JAC) and are required to be qualified solicitors, barristers, or chartered legal executives. Some also sit in the family court. Questions have been raised by the Magistrates' Association as to the legal safeguards of a single district judge allowed to hear a case, decide the outcome, and pass sentence without reference to another party, however the criminal procedure rules do require some cases to be heard by a District Judge, such as those matters relating to extradition or where the contested issue is a disputed point of law. According to the official statistics for diversity of the judiciary in 2021, 56% of sitting magistrates were women, 13% were Black, Asian and minority ethnic and 82% per aged above 50 as at 1 April 2021.


Scotland

In the courts of Scotland, the office of
stipendiary magistrate Stipendiary magistrates were magistrates that were paid for their work (they received a stipend). They existed in the judiciaries of the United Kingdom and those of several former British territories, where they sat in the lowest-level criminal ...
was established by Section 5 of the
District Courts (Scotland) Act 1975 A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions ...
, and was replaced by the office of summary sheriff by Section 218 of the Courts Reform (Scotland) Act 2014. In
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
, the lowest level of law-court, a justice of the peace court, is presided over by a
justice of the peace A justice of the peace (JP) is a judicial officer of a lower or '' puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the s ...
, who like in England and Wales are trained volunteers. Stipendiary magistrates are, ''ex officio'', justices of the peace, and when sitting in a JP court had the summary criminal jurisdiction and powers of a sheriff.


Australia


Federal Magistrate

A Federal Magistrate was an office created on 23 December 1999 along with the establishment of the Federal Magistrates Court by the
Australian Government The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Governmen ...
as a result of royal assent of the ''Federal Magistrates Act 1999 (Cth)''.Federal Magistrates Act 1999 (Cth
s 8
Its first judicial officers were appointed in 2000; it first applications were filed on 23 June 2000 and the Court's first sittings were conducted on 3 July 2000 in
Adelaide Adelaide ( ) is the capital city of South Australia, the state's largest city and the fifth-most populous city in Australia. "Adelaide" may refer to either Greater Adelaide (including the Adelaide Hills) or the Adelaide city centre. The dem ...
,
Brisbane Brisbane ( ) is the capital and most populous city of the Australian state of Queensland, and the third-most populous city in Australia and Oceania, with a population of approximately 2.6 million. Brisbane lies at the centre of the South ...
,
Canberra Canberra ( ) is the capital city of Australia. Founded following the federation of the colonies of Australia as the seat of government for the new nation, it is Australia's largest inland city and the eighth-largest city overall. The ci ...
,
Melbourne Melbourne ( ; Boonwurrung/ Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a metro ...
, ,
Parramatta Parramatta () is a suburb and major Central business district, commercial centre in Greater Western Sydney, located in the state of New South Wales, Australia. It is located approximately west of the Sydney central business district on the ban ...
and Townsville. The Federal Magistrates' Court of Australia dealt with more minor
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
law matters which had previously been heard by the
Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
(
administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), ...
,
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debto ...
,
consumer protection Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...
, trade practices,
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
, and
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
) or the
Family Court Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plainti ...
(divorce, residence r custody and contact with r access tothe children, property division upon divorce, maintenance, and
child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...
). In some areas, such as bankruptcy and copyright, the court had virtually unlimited jurisdiction. The Federal Magistrates would hear shorter or less complex matters or matters in which the monetary sum in disputes does not exceed given amounts. For instance, property divisions where the total assets are A$700,000 or less and consumer law matters (trade practices) where the amount claimed is less than $750,000. The first Chief Federal Magistrate, Diana Bryant left the court in 2004 when she was appointed Chief Justice of the Family Court of Australia, the third person to be appointed that position since the establishment of the Family Court. Eventually, the Federal Magistrates Court assumed a significant part of the workload of the Federal Court and the Family Court. By May 2004, the court was dealing with 73% of the total number of applications made in the three courts (see th
Annual Report of the Federal Magistrates' Court 2004/2005
. The Federal Magistrates Court was exercising jurisdiction well in excess of that of the state magistrates' courts, and similar to that of the District and County courts of the Australian states. On 12 April 2013, in recognition of its increased jurisdiction and its role as an intermediate court servicing regional centres as well as capital cities throughout Australia, the Federal Magistrates Court was renamed the Federal Circuit Court of Australia, the Act renamed as the ''Federal Circuit Court of Australia Act 1999'', and its judicial officers received the title "Judge" instead of "Federal Magistrate".


State magistrate

The state magistrates in Australia derive from the English magistrates. All magistrates are salaried officers. The
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
of the magistrates varies from state-to-state. They preside over courts which are, depending on the state, called magistrates’ courts, Local Court, or courts of petty sessions. Magistrates hear bail applications, motor licensing applications, applications for orders restraining a given individual from approaching a specific person ("intervention orders" or "apprehended violence orders"), summary criminal matters, the least serious indictable criminal matters, and civil matters where the disputed amount does not exceed A$40,000 to A$100,000 (depending on the state). In some states, such as
Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , establishe ...
and NSW, the magistrate may appear robed; although, some magistrates are known to prefer a business suit. Magistrates presiding in the Koori Court (which deals with Aboriginal
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisd ...
s) were originally of a mind not to appear robed; however, elders within the Indigenous community urged magistrates to continue wearing robes to mark the solemnity of the court process to defendants. Robing is being considered for magistrates in other states; however, neither counsel nor solicitors appear robed in any Australian magistrates' court. Robing in summary courts is unlikely to extend to the legal profession. Historically, magistrates in Australia have been referred to as "Your Worship". (From
Old English Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the early Middle Ages. It was brought to Great Britain by Anglo-Saxon settlers in the mid-5th ...
''weorthscipe'', meaning being worthy of respect.) However, members of the magistracy are now addressed as "Your Honour" in all states. This was partly to recognize the increasing role magistrates play in the administration of justice, but also to recognize the archaic nature of "Your Worship", and the tendency for witnesses and defendants to incorrectly use "Your Honour" in any event. It is also acceptable to address a magistrate simply as Sir or Madam.


Hong Kong

There are currently seven magistrates' courts in Hong Kong. Magistrates exercise criminal jurisdiction over a wide range of offences. Although there is a general limit of two years' imprisonment or a fine of HK$100,000, certain statutory provisions give Magistrates the power to sentence up to three years' imprisonment and to impose a fine up to HK$5,000,000.


India

There are four categories of magistrates in the
Judiciary of India The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. India uses a ''common law system'', first introduced by the British East India Company and with influence from other colonial powers and In ...
. This classification is given in the Criminal Procedure Code, 1973 (CrPC). It stipulates that in each sessions district, there shall be: * a Chief Judicial Magistrate * a Sub-Divisional Judicial Magistrate * a Judicial Magistrates First Class, and * an Executive Magistrates ncluding DM, ADMs, SDMs 1. The Chief Judicial Magistrate JM'' (including Additional Chief Judicial Magistrates.) CJMs hear all types of criminal cases. All magistrates' courts are controlled by the CJM. The CJM looks over the work of judicial magistrates, but cannot take any action against them. The CJM can only report the misbehavior of judicial magistrates to the High Court. A court of Chief Judicial Magistrates can sentence a person to jail up to seven years and impose fines of up to any amount. The CJM is the most senior among all magistrates in their district. 2. There is a Sub-Divisional Judicial Magistrate (SDJM) in every subdivision. They hear cases related to the Dowry Act, EC Act, and other criminal cases. They also maintain and control the judicial court below them. A court of Sub-Divisional Judicial Magistrates may sentence a person to imprisonment of up to 3 years and impose fine up to . Judicial magistrates can try criminal cases. 3. A Judicial Magistrate First Class can sentence a person to jail for up to three years and impose a fine of up to . 4. An Executive Magistrate is an officer of the Executive branch (as opposed to the Judicial branch) who is invested with specific powers under both the
CrPC The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provide ...
and the
Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...
(IPC). These powers are conferred by Sections 107–110, 133, 144, 145, and 147 of the
CrPC The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provide ...
. These officers cannot try any accused nor pass verdicts. A person arrested on the orders of a court located outside the local jurisdiction should be produced before an Executive Magistrate who can also set the bail amount for the arrested individual to avoid police custody, depending on the terms of the warrant. The Executive Magistrate also can pass orders restraining persons from committing a particular act or preventing persons from entering an area ( Section 144
CrPC The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provide ...
). There is no specific provision to order a " curfew". The Executive Magistrates alone are authorised to use force against people. In plain language, they alone can disperse an "
unlawful assembly Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group is about to start an act of disturbance, it is termed a rout; if the disturbance is commenced, it is then t ...
". Technically, the police are to assist the Executive Magistrate. Executive Magistrates can dictate to the police the manner of force ( baton charge/ tear gas/blank fire/firing) and also, how much force should be used. They can also seek the assistance of the Armed Forces to quell a
riot A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people. Riots typically involve destruction of property, public or private. The property targete ...
. Each District contains the following Judicial Magistrates: * a Chief Judicial Magistrate JM* One or two Additional Chief Judicial Magistrates CJM* One or two Sub-Divisional Judicial Magistrates
DJM DJM is a range of DJ mixers made by Pioneer Electronics. Mixers in the DJM series include the DJM-300, DJM-350, DJM-400, DJM-450, DJM-500, DJM-600, DJM-700, DJM-750, DJM-707, DJM-800, DJM-850, DJM-900 Nexus, DJM-900 Nexus 2, DJM-909, DJM-1000 ...
* Five Judicial Magistrates 1st class M There are, in each Administrative District (as opposed to a Sessions District) the following kinds of Executive Magistrates: * a
District Magistrate A District Collector-cum-District Magistrate (also known as Deputy Commissioner in some states) is an All India Service officer of the Indian Administrative Service (IAS) cadre who is responsible for ''land revenue collection'', ''canal revenu ...
(DM) * Two or more Additional District Magistrates (ADM) * Four or more Subdivisional District Magistrates (SDM)and * At least ten Executive Magistrates All the Executive Magistrates of the district, except the ADM, are under the control of the DM. These magistrates are normally conferred on the officers of the Revenue Department, although an officer can be appointed exclusively as an Executive Magistrate. Normally, the Collector of the district is appointed as the ''DM''. Similarly, the Sub-Collectors are appointed as the SDMs.
Tehsildar In India and Pakistan, a Tehsildar or Mamlatdar is a tax officer accompanied by revenue inspectors. They are in charge of obtaining taxes from a tehsil with regard to land revenue. A tehsildar is also known as an executive magistrate of the relev ...
s and Deputy/Additional Tehsildars are appointed as Executive Magistrates. Under the old
CrPC The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provide ...
, there was no distinction between the Executive and Judicial Magistrates; some states still follow the old CrPC.


Bangladesh

According to the Code of Criminal Procedure(CrPC),1898; there are two classes of Magistrates in Bangladesh, namely: – (a) Judicial Magistrate; and (b) Executive Magistrate. There shall be four classes of judicial Magistrate, namely: (a) Chief Metropolitan Magistrate in Metropolitan Area and Chief judicial Magistrate to other areas (b) Magistrate of the first class, who shall in Metropolitan area, is known as Metropolitan Magistrate (c) Magistrate of the second class (d) Magistrate of the third class


Executive Magistrate

According to the section-10(6)of the Code of Criminal Procedure(CrPC)1898, members of Bangladesh Civil Service(Administration) Cadre, who are in the capacity of Assistant Commissioner, Upozila Nirbahi Officer(UNO), and Additional Deputy Commissioner(ADC) shall be Executive Magistrates and may exercise the power of Executive Magistrate within their existing respective local areas. Besides this, according to the provision of the section-10(5) of CrPC,1898; The Government may, if it thinks it expedient or necessary, appoint any persons employed in the Bangladesh Civil Service (Administration) to be an Executive Magistrate and confer the powers of an Executive Magistrate on any such member. Every Administrative District has the following Executive Magistrates: (a)
District Magistrate A District Collector-cum-District Magistrate (also known as Deputy Commissioner in some states) is an All India Service officer of the Indian Administrative Service (IAS) cadre who is responsible for ''land revenue collection'', ''canal revenu ...
: In every district and in every Metropolitan Area, the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. (b) Additional District Magistrate (ADM): The Government may also appoint any Executive Magistrate to be an Additional District Magistrate. Additional District Magistrates shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the Government may direct. (c) Additional Deputy Commissioner (ADC): All the ADC's in the district are Executive Magistrate. (d) Upazila Nirbahi Officer or Sub-District Executive Officer (e) Assistant Commissioner; including Senior Assistant Commissioner and Assistant Commissioner (Land)


New Zealand

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 the postnominal initials SM after a magistrate's name in newspapers' court reports. In the late 1990s, a position of community magistrate was created for District Courts on a trial basis. A community magistrate sits in the hierarchy just below a district court judge. They only have criminal case jurisdiction. They are lay judicial officers, not needing to hold a law degree, although many do.


Sri Lanka

In Sri Lanka, a magistrate is a
Judicial Officer The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
appointed to preside over a
Magistrates' Court 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. Courts * Magistrates' court (England and Wales) * Magistrate's Cou ...
to a particular jurisdiction under the ''Judicature Act No 02 of 1978''. The post was formally known as Police Magistrate when, magistrates' courts were known as police magistrate courts. Magistrates have jurisdiction over the criminal cases filed under the penal code. They carryout first mortem and post mortem examinations; issue search warrants; arrest warrants produce suspected persons; and grant bail. In many cases magistrates preside over primary courts Unofficial magistrates can be appointed from among the senior lawyers of the local bar. There are four types of magistrate * Chief magistrate (only of the metropolitan area of
Colombo Colombo ( ; si, කොළඹ, translit=Koḷam̆ba, ; ta, கொழும்பு, translit=Koḻumpu, ) is the executive and judicial capital and largest city of Sri Lanka by population. According to the Brookings Institution, Colombo me ...
) * Magistrate/municipal magistrate * Additional magistrate (found when there are more than one Magistrate in one station) * Unofficial magistrate


United States

Magistrates are somewhat less common in the United States than in Europe, but the position does exist in some state jurisdictions and in federal courts. The term "magistrate" is often used (chiefly in judicial opinions) as a generic term for any independent
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
who is capable of issuing
warrants Warrant may refer to: * Warrant (law), a form of specific authorization ** Arrest warrant, authorizing the arrest and detention of an individual ** Search warrant, a court order issued that authorizes law enforcement to conduct a search for eviden ...
, reviewing
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
s, etc. When used in this way, it does not denote a judge with a particular office. Instead, it denotes (somewhat circularly) a judge or judicial officer who is capable of hearing and deciding a particular matter. That capability is defined by State
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by ...
or by
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
. In
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
, for example, the Constitution of 1971 created the office of magistrate to replace the use in cities and counties of the
justice of the peace A justice of the peace (JP) is a judicial officer of a lower or '' puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the s ...
, which is common in many states for this function. As noted above, the terms "magistrate" or "chief magistrate" were sometimes used in the early days of the republic to refer to the
President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal gove ...
, as in President
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
's message to the U.S. Senate upon the death of
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...
: "His example is now complete, and it will teach wisdom and virtue to magistrates, citizens, and men, not only in the present age, but in future generations, as long as our history shall be read" (December 19, 1799).


Federal courts

In the
United States federal courts The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...
, a magistrate judge is a judicial officer authorized by '' et seq.'' They were formerly known as U.S. commissioners, and then as magistrates. Magistrate judges, as they have been designated since 1990, are appointed by the life-term federal district judges of a particular court, serving terms of eight years if full-time, or four years if part-time, and may be reappointed. Magistrate judges conduct a wide range of judicial proceedings to expedite the disposition of the civil and criminal caseloads of the United States district courts.
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
set forth in the statute the powers and responsibilities that could be delegated by district court judges to magistrate judges. To achieve maximum flexibility in meeting the needs of each court, however, Congress left to the individual courts the actual determination of which duties to assign to magistrate judges.


State courts

In many state court systems in the United States, magistrate courts are the successor to
Justice of the Peace A justice of the peace (JP) is a judicial officer of a lower or '' puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the s ...
courts, and frequently have authority to handle the trials of civil cases up to a certain dollar amount at issue, applications for bail, arrest and search warrants, and the adjudication of petty or misdemeanor criminal offences. In
Ohio Ohio () is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Of the List of states and territories of the United States, fifty U.S. states, it is the List of U.S. states and territories by area, 34th-l ...
, magistrates are subordinate to the judge or judges who appoint them, and all of their decisions are subject to the review, amendment, approval, or reversal by a judge. In some states, including
West Virginia West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the ...
and
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
, magistrates are elected and not appointed.


Other traditions


China

Magistrate, or chief magistrate, is also a common translation of the Chinese ''xianzhang'' (县长/縣長 ''literally: county leader'') the political head of a
county A county is a geographic region of a country used for administrative or other purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
or ''xiàn''/''hsien'' (县/縣) which ranks in the third level of the administrative hierarchy of China. Magistrates are also the administrative heads of government of counties during the Republican era. The county magistrate
election An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operat ...
s are heavily and sometimes bitterly contested, and are often a stepping-stone to higher office. The translation dates from
imperial China The earliest known written records of the history of China date from as early as 1250 BC, from the Shang dynasty (c. 1600–1046 BC), during the reign of king Wu Ding. Ancient historical texts such as the '' Book of Documents'' (early chapt ...
in which the
county magistrate County magistrate ( or ) sometimes called local magistrate, in imperial China was the official in charge of the '' xian'', or county, the lowest level of central government. The magistrate was the official who had face-to-face relations with t ...
was the lowest official in the imperial Chinese bureaucracy and had judicial in addition to administrative functions. After losing the
Chinese Civil War The Chinese Civil War was fought between the Kuomintang-led government of the Republic of China and forces of the Chinese Communist Party, continuing intermittently since 1 August 1927 until 7 December 1949 with a Communist victory on main ...
, county magistrate elections in the Republic of China were first open to election in the 1960s and, before the end of
martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Martia ...
in 1991, were the highest elected position of any real power, and hence, the focus of election campaigns by the Tangwai movement. The magistrates became the first level head of government after the central government reduced provincial powers in 1998. In the People's Republic of China, the county leader is elected by the local people's congress but the process is controlled by the
Communist Party A communist party is a political party that seeks to realize the socio-economic goals of communism. The term ''communist party'' was popularized by the title of '' The Manifesto of the Communist Party'' (1848) by Karl Marx and Friedrich Engel ...
.


Switzerland

In Switzerland, ''magistrate'' is a designation for the persons holding the most senior executive and judicial offices. On the federal level, the members of the Federal Council, the Federal Chancellor, and the judges on the Federal Supreme Court are called magistrates. The designation of magistrate is not a
title A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...
or style. It does not, by itself, confer any particular privileges.


Siam

In Siam, the position of ''yakkrabutr'' (ยกกระบัตร) is similar to that of the ''magistrate'' and was given to palace officials sent to provincial capitals to administers law and ensure justice on behalf of the monarch. The position was phased out and reformed into the position of ''prosecutor'' in 1916 during the reign of Rama VI.


Kenya

In Kenya, there are five categories of magistrates, namely: Resident Magistrate, Senior Resident Magistrate, Principal Magistrate, Senior Principal Magistrate, and Chief Magistrate. Chief Magistrate is the highest ranking among magistrates and also assumes administrative control of magistrate courts in his or her jurisdiction. A Chief Magistrate has jurisdiction in a dispute that does not exceed seven million Kenya shillings. For Senior Principal Magistrates, the limit is in disputes not exceeding five million Kenya shillings; for Principal Magistrates it is disputes not exceeding four million Kenya shillings. Senior Resident Magistrates have jurisdiction in disputes not exceeding three million Kenya shillings and Resident Magistrates in disputes not exceeding two million Kenya shillings.


In popular culture

* The British humorist
P.G. Wodehouse Sir Pelham Grenville Wodehouse, ( ; 15 October 188114 February 1975) was an English author and one of the most widely read humorists of the 20th century. His creations include the feather-brained Bertie Wooster and his sagacious valet, Jeeve ...
wrote in one of his ''
Jeeves and Wooster ''Jeeves and Wooster'' is a British comedy-drama television series adapted by Clive Exton from P. G. Wodehouse's "Jeeves" stories. It aired on the ITV network from 22 April 1990 to 20 June 1993, with the last series nominated for a Britis ...
'' stories, "Jeeves and the
Feudal Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structur ...
Spirit" (1955), "Well, you know what magistrates are. The lowest form of pond life. When a fellow hasn't the brains and initiative to sell jellied eels, they make him a magistrate." Bertie Wooster often appeared before magistrates when he was arrested for minor offences. * A plump and foolish magistrate is a key character in Amy Tan's children's book (and the related PBS television show) '' Sagwa, the Chinese Siamese Cat''. * In the post-colonial novel '' Waiting for the Barbarians'' by J. M. Coetzee, the story is told from the narrative perspective of the magistrate of one of the settlements in what is presumed to be
Africa Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
. * In the
Walt Disney Walter Elias Disney (; December 5, 1901December 15, 1966) was an American animator, film producer and entrepreneur. A pioneer of the American animation industry, he introduced several developments in the production of cartoons. As a film p ...
movie '' Davy Crockett: King of the Wild Frontier'', Crockett is appointed magistrate of the local community. * Magistrates appear in the ''
Star Trek ''Star Trek'' is an American science fiction media franchise created by Gene Roddenberry, which began with the eponymous 1960s television series and quickly became a worldwide pop-culture phenomenon. The franchise has expanded into vari ...
'' universe as well. On ''
Star Trek: Deep Space Nine ''Star Trek: Deep Space Nine'' (abbreviated as ''DS9'') is an American science fiction television series created by Rick Berman and Michael Piller. The fourth series in the ''Star Trek'' media franchise, it originally aired in syndication from ...
'', Constable Odo often threatens detainees or those he suspects are guilty of various crimes and violations that he will send them to the magistrate, or tells them sarcastically, in response to their pleas of innocence, to "Tell it to the magistrate." * In the first installment of the popular ''
StarCraft ''StarCraft'' is a military science fiction media franchise created by Chris Metzen and James Phinney and owned by Blizzard Entertainment. The series, set in the beginning of the 26th century, centers on a galactic struggle for dominance a ...
'' real-time strategy series, one plays as a magistrate working for the Confederacy, a cruel government. One later joins the Sons of Korhal, aiding in the rebellion. * In the videogame series ''
Ace Attorney ''Ace Attorney'' is a series of visual novel adventure video games developed by Capcom. With storytelling fashioned after legal dramas, the first entry in the series, '' Phoenix Wright: Ace Attorney'', was released in 2001; since then, five ...
'', there is a fictional children’s television show called The Steel Samurai, which is referenced in many cases. The main antagonist of the show is the Evil Magistrate.


See also

*
Executive Magistrate of Bangladesh The Executive Magistrate ( bn, নির্বাহী ম্যাজিস্ট্রেট) is the magistrate of the executive organ of the People's Republic of Bangladesh. The members of the Bangladesh Civil Service (Administration) i.e. ...
* Agoranomi *
Chief magistrate 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 admini ...
*
Justice in Eyre In English law, the justices in eyre were the highest magistrates, and presided over the ''court of justice-seat'', a triennial court held to punish offenders against the forest law and enquire into the state of the forest and its officers ('' eyr ...
* Lawspeaker *
Magistratus The Roman magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate.Abbott, 8 His power, in practice, was absolute. He was the chief priest, lawgiver, jud ...
* Resident magistrate


Notes


References


Etymology Online

Van Wert County, Ohio Court Personnel


External links


Become a magistrate (GOV.UK, England and Wales)

Criminal courts – magistrates' courts (GOV.UK, England and Wales)

How sentencing works: You be the Judge
{{Authority control Legal professions