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 judic ...

s that were paid for their work (they received a stipend). 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 The Chief Metropolitan Stipendiary Magistrate, known as Chief Metropolitan Police Magistrate until 1949, and also known as the Chief Metropolitan Magistrate and Chief Magistrate of the Police Courts of the Metropolis, was a senior British 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, passed by the

Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyr ...

, 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 employed person (or student) in a way that makes workloads or class loads comparable across various contexts. FTE is often used to measure a ...

posts and the only court they sat in was the Justice of the Peace Court in

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 popu ...

. 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 originall ...

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 courts 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 s ...

. 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. 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 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, c ...

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 ...

or advocates, and they handled similar summary cases as sheriffs, for example drink driving, dangerous driving and

assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in cr ...

cases. They could impose sentences of up to one year's

imprisonment Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is " false imprisonment". Imprisonment does not necessar ...

and fines of up to £10,000.

Other jurisdictions

Stipendiary magistrates have also existed in the judiciary of Australia, the judiciary of Canada and the judiciary of New Zealand. 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