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 judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person 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, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.
Original meaning
In ancient Rome, the word magistratus referred to one of the highest offices of state. Analogous offices in the local authorities, such as municipium, were subordinate only to the legislature of which they generally were members, ex officio, 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, 'course of honors'. They held both judicial and executive power within their sphere of responsibility, and also had the power to issue ius honorarium, or magisterial law. The Consul was the highest Roman magistrate. The Praetor was the highest judge in matters of private law between individual citizens, while the Curule Aediles, who supervised public works in the city, exercised a limited civil jurisdiction in relation to the market. Roman magistrates were not lawyers, but were advised by jurists who were experts in the law.The term was maintained in most feudal successor states to the western Roman Empire. 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, even when that was actually a council. The term "chief magistrate" applied to the highest official, in sovereign entities the head of state and/or head of government.
Continental Europe and its former colonies
Under the civil law systems of European countries, such as Belgium, France, Italy and the Netherlands, magistrat, magistrato and magistraat 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. Italy and some other nations have ended this practice.
In Portugal, besides being used in the scope of the judiciary to designate prosecutors and judges, the term magistrado was also used to designate certain government officials, like the former civil governors of district. 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 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 is a superior judge, hierarchically beneath the Supreme Court Justices.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 who review the verdicts of special court and tribunal magistrates.
Germany
In Germany, the magistrational roles of the judge were transferred to a newly established legal body of the judiciary in 1942, which is that of the Rechtspfleger or judicial magistrate.English common law tradition
United Kingdom
England and Wales
Magistrates hear 'summary offences' and some 'triable-either-way offences' in the Courts of England and Wales. 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, imposing community orders, or dealing with offences by means of a discharge. In more serious cases, where magistrates consider that their sentencing powers are insufficient, they can send 'either-way' offenders to the Crown Court for sentencing.All criminal cases begin in a magistrates' court. The most serious cases 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 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. Justices of the peace 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 for appointment if they can demonstrate the six key qualities required of a judicial office holder, these are: good character, commitment and reliability, social awareness, sound judgement, understanding and communication and 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. 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 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. 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. Unlike justices of the peace, district judges 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 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 April 2021, 56% of sitting magistrates were women, 13% were Black, Asian and minority ethnic and 82% per aged above 50.