Stipendiary magistrates were

magistrate 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 judici ...

s that were paid for their work (they received a

stipend A stipend is a regular fixed sum of money paid for services or to defray expenses, such as for scholarship, internship, or apprenticeship. It is often distinct from an income or a salary because it does not necessarily represent payment for work p ...

). They existed in the judiciaries of the United Kingdom and those of several former British territories, where they sat in the lowest-level criminal courts.

United Kingdom

England and Wales

Stipendiary magistrates sat in the

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 ...

s of England and Wales, alongside unpaid 'lay'

s, generally hearing the more serious cases. In London, stipendiary magistrates were known as metropolitan stipendiary magistrates. Until 1949, they were known as metropolitan police magistrates. There was also a Chief Metropolitan Stipendiary Magistrate for London, with additional administrative duties. In August 2000, stipendiary magistrates, including metropolitan stipendiary magistrates, were replaced by the new role of district judge (magistrates' courts). There is also now a Senior District Judge (Chief Magistrate).

Scotland

Stipendiary magistrates were the most junior judges in the

Scottish judiciary The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they ...

. The

Courts Reform (Scotland) Act 2014 The Courts Reform (Scotland) Act 2014 is an Act of the Scottish Parliament passed in October 2014 to improve access to the civil justice system and while making the Court of Session a place for the more complex cases. History The Bill was introd ...

, passed by the Scottish Parliament, abolished the post with the creation of the new post of summary sheriff. In 2014 there were only 4.9

full-time equivalent Full-time equivalent (FTE), or whole time equivalent (WTE), is a unit that indicates the workload of an employee, employed person (or student) in a way that makes workloads or class loads comparable across various contexts. FTE is often used to me ...

posts and the only court they sat in was the

Justice of the Peace Court A justice of the peace court is the least authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences. History The commission of the peace was originall ...

Glasgow Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated popul ...

. The intention is that there will be a larger number of summary sheriffs, with around 60 of them sitting in more

justice of the peace courts A justice of the peace court is the least authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences. History The commission of the peace was originally ...

and sheriff courts, throughout the country. Under the Act any stipendiary magistrates in post on implementation of the legislation became summary sheriffs and transferred unless they declined appointment. Summary sheriffs are able to sit in

justice of the peace court A justice of the peace court is the least authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences. History The commission of the peace was originall ...

s and sheriff courts. In justice of the peace courts they can exercise the same summary criminal powers as 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 sa ...

. However, when they sit in a sheriff court they will exercise the same powers as a sheriff in relation to summary criminal business.

Duties

All six sheriffs principal had the power to appoint stipendiary magistrates but the power had only been used in the

Sheriffdom of Glasgow and Strathkelvin The Sheriff Principal of Glasgow and Strathkelvin is the head of the judicial system of the sheriffdom of Glasgow and Strathkelvin, one of the six sheriffdoms covering the whole of Scotland. The current sheriffdoms were created in 1975 to replace ...

. Stipendiary magistrates exercised the same powers as a

sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

(judge) when dealing with

summary may refer to: * Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences * Epitome, a summary or miniature form * Abridgement, the act of reducing a written work into a sho ...

criminal cases. Like sheriffs, stipendiary magistrates wore

wig and gown Court dress comprises the style of clothes and other attire prescribed for members of courts of law. Depending on the country and jurisdiction's traditions, members of the court ( judges, magistrates, and so on) may wear formal robes, gowns, ...

in court. Stipendiary magistrates were approved

solicitors A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...

advocates An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...

, and they handled similar summary cases as sheriffs, for example

drink driving Drunk driving (or drink-driving in British English) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash. In the United States, alcohol is invo ...

dangerous driving In United Kingdom law, dangerous driving is a statutory offence. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driving. Canada's Criminal Code ...

and assault cases. They could impose sentences of up to one year's imprisonment and fines of up to £10,000.

Other jurisdictions

Stipendiary magistrates have also existed in the

judiciary of Australia The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matter ...

, the

judiciary of Canada The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts ...

and the

judiciary of New Zealand 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 ...

. The post was abolished in New Zealand in 1980 when it was renamed to district court judge.

References

Judiciary of Scotland Scottish criminal law Judiciary of England and Wales English criminal law Judges Legal professions {{law-stub