In England and Wales, magistrates are highly trained honorary lay judges and members of the judiciary who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates have equal sentencing powers to district judges and deliver verdicts on both "summary" and "either way" offences that carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they preside over disputes that involve children, and in the youth court, which deals with criminal matters involving young p
In England and Wales, magistrates are highly trained honorary lay judges and members of the judiciary who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates have equal sentencing powers to district judges and deliver verdicts on both "summary" and "either way" offences that carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they preside over disputes that involve children, and in the youth court, which deals with criminal matters involving young p
阅读详细介绍
In England and Wales, magistrates (; Welsh: ynad) are highly trained honorary lay judges and members of the judiciary who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates have equal sentencing powers to district judges (formerly stipendiary magistrates) and deliver verdicts on both "summary" and "either way" offences that carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they preside over disputes that involve children, and in the youth court, which deals with criminal matters involving young people aged 10–17. Established in the 14th century, the magistracy is a key part of the judiciary of England and Wales, and it is a role underpinned by the principles of 'justice by one's peers'.
Magistrates typically sit as a bench of three, known as a panel, mixed in gender, age, sexuality and ethnicity where possible, to bring a broad experience of life to the bench. They can sit alone to preside over warrant applications, such as granting authorisation or deal with uncontested matters heard under the single justice procedure. All members of the bench have equal decision-making powers, but only the chairman, known as the Presiding Justice (PJ), speaks in court and presides over proceedings. Magistrates are not required to have legal qualification; they are assisted in court by a legal adviser, who is a qualified solicitor or barrister, and will ensure that the court is properly directed regarding the law.
According to official statistics for diversity of the judiciary in 2021, 56% of sitting magistrates were women, 13% were Black, Asian and minority ethnic, and 82% aged above 50 as at 1 April 2021. There were 12,651 magistrates in 2021, which has fallen steadily in recent years, decreasing by 50% from 25,170 since 2012.
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). Today, in England and Wales, the word is used to describe a justice of the peace.
The office of justice of the peace has its origins in the 12th century when Richard I appointed 'keepers of the peace' in 1195. The title "justice of the peace" derives from 1361, in the reign of Edward III. The Justice of the Peace Act 1327 (1 Edw. 3. Stat. 2. c. 16) had referred to "good and lawful men" to be appointed in every county in the land to "guard the Peace". Justices of the peace still retain (and occasionally use) the power confirmed to them by the Justices of the Peace Act 1361 (34 Edw. 3. c. 1) to bind over unruly persons "to be of good behaviour". The bind over is not a punishment, but a preventive measure, intended to ensure that a person guilty of a minor disturbance does not re-offend. The act provided, among other things, "That in every county of England shall be assigned for the keeping of the peace, one lord and with him three or four of the most worthy of the county, with some learned in the law, and they shall have the power to restrain the Offenders, Rioters, and all other Barators, and to pursue, arrest, take and chastise them according to their Trespass or Offence".
Over the following centuries, justices acquired many administrative duties, such as the administration of the Poor Laws, highways and bridges, and weights and measures. For example, before 1714, magistrates could be approached at any time and in any place by people legally recognised as paupers, appealing to them for aid if parish authorities had refused to provide any. It was relatively common for these magistrates to write out, on the spot, an order requiring aid to be granted. The 19th century saw elected local authorities taking over many of these duties. There is one remnant of these duties, the appellate jurisdiction over the licensing of pubs and clubs.
Towards the end of the 18th century, the absence of an adequate police force and the quality of local justices became matters of concern. Justices received no salary from the government, although they could charge fees for their services. They were appointed from among prominent citizens of property, but a shortage of landed gentlemen willing to act in London led to problems. In Middlesex, for example, the commission was increasingly dominated by merchants, tradesmen and a small number of corrupt magistrates, known as "Trading Justices" because they exploited their office for financial purposes. A Police Bill in 1785 failed to bring adequate supervision of justices. However, the Middlesex Justices Act 1792 set up seven public offices, in addition to Bow Street, London, with three justices in each, with salaries of £400 a year (£53,241.56 as of 2025)[2]. The power to take fees was removed from all justices in the city. Six constables were appointed to each office, with powers of arrest. This was the origin of the modern stipendiary magistrate (district judge).
One famous magistrate was Sir John Fielding (known as the "Blind Beak of Bow Street"), who succeeded his half-brother as magistrate in Bow Street Magistrates' Court in 1754 and refined his small band of officers (formerly known as the Bow Street Runners) into an effective police force for the capital. Stipendiaries remained in charge of the police until 1839.
The first paid magistrate outside London was appointed in 1813 in Manchester. The Municipal Corporations Act 1835 gave boroughs the ability to request the appointment of a stipendiary magistrate in their locality. Originally stipendiaries were not required to have any qualifications, however they could only be appointed from the ranks of barristers (from 1839) and solicitors (from 1849).
Women in England and Wales were not allowed to become justices until 1919, the first woman being Ada Summers, the Mayor of Stalybridge, who was a JP by virtu
