A judicial appointment, also known as a magistrate. In England and Wales, JPs are appointed and may be removed by the Lord Chancellor, or in Scotland by the secretary of state for Scotland. Their principal function is to preside in the magistrates' courts (England and Wales) or the district courts (Scotland), administering immediate (or summary) justice in a large number of the less serious criminal cases, and in certain circumstances committing the most serious cases for further trial elsewhere. They have a number of other powers, such as administering oaths, signing warrants of arrest, and search warrants. They may also in some circumstances sit in the Crown Court, for example when it is considering appeals from magistrates' courts. Each magistrate exercises his or her functions for a particular commission area. JPs are not necessarily legally qualified - most are not - though the absence of a legal qualification is not quite as surprising as it seems, as most cases involve disputes about the facts and not the law. A legally qualified clerk or assessor is present and advises on the law. When trying cases, a JP in Scotland may sit alone, but in England and Wales sits with at least one other colleague. Magistrates now receive basic training, but no salary. In the USA, JPs are usually elected but sometimes appointed; in recent years, the tendency has been for their powers and functions to be transferred to other courts. American JPs also have an important role in the performing of marriages.
For the Elizabethan Poor Law administrators see Justice of the Peace (poverty)A Justice of the Peace (JP) is a puisne judicial officer appointed by means of a commission to keep the peace. Justices of the Peace are appointed from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have a formal legal education in order to qualify for the office.
History
In 1195, Richard I ("the Lionheart") of England commissioned certain knights to preserve the peace in unruly areas. The title "Justices of the Peace" derives from 1361, in the reign of King Edward III Plantagenet. The "peace" to be guarded is the "King's peace" or (currently) Queen's peace, the maintenance of which is the duty of the Crown under the royal prerogative. Justices of the Peace still use the power conferred or re-conferred on them in 1361 to bind over unruly persons "to be of good behaviour."
Being an unpaid office, undertaken more for the sake of renown and to confirm the justice's standing within the community, the justice was typically a member of the gentry. The justice of the peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws. Towns and boroughs with enough burdensome judicial business that could not find volunteers for the unpaid role of justice of the peace had to petition the Crown for authority to hire a paid stipendiary magistrate.
In special circumstances, a Justice of the peace can be the highest governmental representative, so in fact 'gubernatorial', in a colonial entity.
Modern use in the Commonwealth tradition
United Kingdom
England and Wales
A Magistrates' Court in England and Wales is composed of a bench of (usually three) J.P.s, who dispense summary justice.
The Justices of the Peace Act 1997 provides the current framework for appointment of the Justices, which is done by the Lord Chancellor in the name of Her Majesty.
Scotland
Within the Scottish legal system Justices of the Peace are lay magistrates who currently sit in the Scottish District Courts.
In Glasgow the volume of business requires the employment of three solicitors as "stipendiary magistrates" who sit in place of the lay Justices.
Australia
A Justice of the Peace in Australia is typically someone of good stature in the community who is authorized to witness and sign statutory declarations and affidavits and to certify copies of original documents. For example, in Queensland, a Justice of the Peace (Qualified) must complete an exam prior to be eligible for appointment, whereas in Victoria, a person need only prove good character by way of references.
Generally speaking, a Justice of the Peace cannot act in relation to a document which is to be used in a foreign country. This is the same for all countries where the office of a Justice of the Peace exists.
Queensland
In the state of Queensland, a "Justice of the Peace (Qualified)" has the additional powers to issue search warrants, arrest warrants, Justices Examination Orders, and (in conjunction with another Justice of the Peace (Qualified)) constitute a magistrates' court and exercise powers to remand defendants in custody, grant bail, and adjourn court hearings.
Some justices are appointed as Justice of the Peace (Magistrates' Court), usually in remote aboriginal communities, to perform many of the functions that might otherwise fall to a stipendary magistrate.
Victoria
In Victoria, Justices of the Peace no longer perform judicial function, but continue to exist primarily to witness documents.
New South Wales
Similarly, Justices of the Peace perform few judicial functions, if any. Many Justices of the Peace so employed work in the Courts, and hold office therein.
Justices of the Peace can be located in courthouses, municipal councils, and many public service offices. Justices of the Peace (JP) play a key role in the administration of justice at the provincial level.
JP - Ontario JP - Saskatchewan JP - British Columbia Native JP - Ontario
Hong Kong
In Hong Kong, this historical functions of Justices of the Peace have been replaced by full-time, legally qualified magistrates. Nowadays, Justices of the Peace are essentially titles of honour given by the Government to community leaders, and to certain officials while they are in their terms of offices.
Malaysia
In Malaysia, Justices of the Peace have largely been replaced in magistrates' courts by legally-qualified (first-class) stipendiary magistrates. However, state governments continue to appoint Justices of the Peace as honours. In 2004 some associations of Justices of the Peace pressed the federal government to allow Justices of the Peace to sit as second-class magistrates in order to reduce the backlog of cases in the courts.
New Zealand
A Justice of the Peace in New Zealand is someone of good stature in the community who is authorized to witness and sign statutory declarations and affidavits.
They also have certain powers to issue search warrants, and (in conjunction with another Justice of the Peace) may try minor criminal trials in the District Court and exercise powers to remand defendants in custody, grant bail, and adjourn court hearings.
United States
In some U.S. states, the Justice of the Peace is a judge of a court of limited jurisdiction.
The justice of the peace typically presides over a court that hears misdemeanor cases, traffic violation and other petty criminal infractions. The justice of the peace may also have authority over cases involving small debts, landlord and tenant disputes, or other small claims court proceedings. Proceedings before the Justice of the Peace are often faster and less formal than the proceedings in other courts. In some jurisdictions a party convicted or found liable before the Justice of the Peace may have the right to a trial de novo before the judge of a higher court rather than an appeal strictly considered.
The Justice of the Peace is also the judge to whom parties seeking a civil marriage can repair. In the Commonwealth of Massachusetts, Justices of the Peace are often called on to perform marriages, and especially same-sex marriages which certain religious officials are not willing to do. In Connecticut, Justices of the Peace can preside over same-sex Civil unions which became legal in October 2005.
In Connecticut, Massachusetts and Vermont, Justices of the Peace have the same general oath giving powers as a notary public.
In many states the office of Justice of the Peace has been abolished or transferred to another court, such as the magistrate court. Most efforts to abolish the office of Justice of the Peace have been led by the American Bar Association, an organization of America's attorneys, who view non-lawyer judges as no longer necessary, as there are more people now with formal legal education than there were when JPs were common.
In the USA many speeding ticket trials are handled by a magistrate or a Justice of the Peace.
Sources and External link
Australia
Australian Council of Justices' Associations ACT Justices of the Peace Association Inc. Department of Justice, Tasmania - Justice of the Peace Guide New South Wales Justices Association Queensland JP site Queensland Justices Association Royal Association of Justices of South Australia Inc. Royal Victorian Association of Honorary JusticesBelize
Government of Belize Justice of the Peace ManualBotswana
WorldStatesmen- BotswanaCanada
Courts of Saskatchewan - Justices of the Peace Justices of the Peace Review Council - Ontario Provincial Court of British Columbia - Justice of the PeaceHong Kong
Justices of the PeaceItaly
Ministero della Giustizia - Giudice di Pace (Justice of the Peace) English versionJamaica
Ministry of Justice, Jamaica - Justices of the PeaceNew Zealand
Royal Federation of New Zealand Justices' Associations (Inc)Singapore
Prime Minister's Office Headquarters - Justices Of The PeaceUnited Kingdom
Magistrates Association UK Magistrates siteUnited States
Justices of the Peace of the U.S. Delaware Justice of the Peace Court Justices of the Peace and Constables Association of Texas Louisiana Justices of the Peace and Constables Association Massachusetts Justices of the Peace Association, Inc. Vermont Secretary of State JP Guide NH Justice of the Peace Association West Haven Justice of the Peace Steven R.
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