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 judi ...

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' courts 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 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). In the modern criminal court, district judges and magistrates possess equal powers. There is also now a Senior District Judge (Chief Magistrate).

Scotland

Stipendiary magistrates were the most junior judges in the Scottish judiciary. The Courts Reform (Scotland) Act 2014, passed by the

Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...

, 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 of measurement 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 use ...

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

Glasgow Glasgow is the Cities of Scotland, most populous city in Scotland, located on the banks of the River Clyde in Strathclyde, west central Scotland. It is the List of cities in the United Kingdom, third-most-populous city in the United Kingdom ...

. 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 and

sheriff courts A sheriff court () is the principal local civil law (common law), civil and criminal law, criminal courts of Scotland, court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction ...

, 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. 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, the , which is common ...

(judge) when dealing with summary criminal cases. Like sheriffs, stipendiary magistrates wore wig and gown in court. Stipendiary magistrates were approved solicitors or advocates, and they handled similar summary cases as sheriffs, for example drink driving, dangerous driving and

assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...

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

imprisonment Imprisonment or incarceration 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 considered " false imprisonment". Impri ...

and fines of up to £10,000.

Canada

Stipendiary magistrates were the initial trial judges in the North-West Territories of Canada. They were replaced by the Supreme Court of the North-West Territories in 1886. Stipendiary magistrates also existed in the past in

British Columbia British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...

Other jurisdictions

Stipendiary magistrates have also existed in the judiciary of Australia 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