A magistrate is a civilian who administers law. The which means of the time period varies from u . s . a . to u . s . a .. In a few countries, along with England and Wales a magistrate is a nearby judicial officer who sits in a Magistrate’s Court. In England and Wales, magistrates are volunteers with out legal training.
During Roman times (historical Rome), a magistratus turned into a completely high-rating authorities officer who had each govt and judicial powers.
In China, magistrates had been answerable for administration over a specific region.
The Law Dictionary has these definitions of the term in the UK and USA:
“A public officer belonging to the civil employer of the nation, and invested with powers and capabilities which can be both judicial, legislative, or govt.”
“But the time period is typically utilized in a narrower sense, designating, in England, someone entrusted with the fee of the peace, and, in America, one of the elegance of inferior judicial officers, along with justices of the peace and police justices.”
Etymology of magistrate
Etymology is the look at of the beginning of words. It is likewise the look at of the way phrase meanings and systems advanced over time.
The term ‘magistrate’ first appeared in the English language withinside the past due fourteenth century. It meant “a civil officer in fee of administering laws.” It additionally meant “workplace or feature of a magistrate.”
The time period got here from the Old French magistrat, and the Latin phrase magistratus, which means “a public functinary, magistrate.” The phrase evolved from the Latin phrase magister, which means “chief director.”
During the past due 17th century, the commenced to additionally mean “justice of the peace” or different minor felony officers having crook jursdiction.
English common law tradition
- England and Wales
Magistrates withinside the foremost courts of England and Wales also are called Justices of the Peace or JPs.
They are volunteers who pay attention prosecutions for precis offences and a few triable both-manner offences. JPs can’t problem jail sentences longer than 12 months. There are numerous different obstacles at the powers of magistrates. They can, however, problem warrants.
The British Government’s website says the following about magistrates:
“Magistrates are volunteers who pay attention instances in courts of their community. They can pay attention instances withinside the criminal court, the own circle of relatives court, or each.”
“Each case is generally heard with the aid of using three magistrates, which include a magistrate who’s skilled to behave as a chairperson.”
“A felony adviser withinside the court offers recommendation at the law and makes positive the magistrates observe the proper procedures.”
- United States
Magistrates are a good deal greater common in Europe than withinside the US. However, the placement exists withinside the federal courts and a few nation jurisdictions. Jurisdiction, on this context, refers back to the strength of a court or authentic to put into effect laws in a geographical area.
According to Wikipedia, in the United States:
“The time period ‘magistrate’ is often used (mainly in judicial opinions) as a established time period for any impartial choose who’s able to issuing warrants, reviewing arrests, etc. When used on this manner, it does now no longer denote a choose with a specific workplace. Instead, it denotes (quite circularly) a choose or judicial officer who’s able to listening to and identifying a specific matter.”
“That functionality is described with the aid of using State statute or by not unusualplace law. In Virginia, for example, the Constitution of 1971 created the workplace of magistrate to update the use in towns and counties of the justice of the peace, that’s not unusualplace in lots of states for this feature.”
- Australia
In Australia, the Magistrate’s Court is the primary degree of the Courts system. It hears about ninety-5 percentage of court cases.
Most crook instances withinside the Queensland Courts, for example, are heard withinside the Magistrates Court, as are maximum civil moves.
According to the Queensland Courts website:
“Unlike the Supreme and District Courts, Magistrates Courts don’t have any jury. Therefore, the magistrate makes all selections in crook matters, which include any penalty.”
“The magistrate additionally makes all selections in civil matters, which include an order that one facet pay the alternative cash or carry out positive moves to rectify a problem.”
