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 A stipend is a regular fixed sum of money paid for services or to defray expenses, such as for scholarship, internship, or apprenticeship. It is often distinct from an income or a salary because it does not necessarily represent payment for work pe ...

). 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 Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) ...

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 are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges o ...

. 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 judiciary of Scotland () are the judge, judicial office holders who sit in the courts of Scotland and make decisions in both Scots civil procedure, civil and Scottish criminal law, criminal cases. Judges make sure that Case (law), cases a ...

. The

Courts Reform (Scotland) Act 2014 The Courts Reform (Scotland) Act 2014 (asp 18) is an Act of the Scottish Parliament passed in October 2014 to improve access to the civil justice system and while making the Court of Session The Court of Session is the highest national co ...

, 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 A justice of the peace court is the lowest 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 origina ...

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 A justice of the peace court is the lowest 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 original ...

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 court A justice of the peace court is the lowest 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 origina ...

s and

sheriff court A sheriff court () is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and ra ...

s. 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 The Sheriff Principal of Glasgow and Strathkelvin is the head of the judicial system of the sheriffdom of Glasgow and Strathkelvin, one of the six sheriffdoms covering the whole of Scotland. The current sheriffdoms were created in 1975 to replace ...

. 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 may refer to: * Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences * Epitome, a summary or miniature form * Abridgement, the act of reducing a written work into a shor ...

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 lawyer 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 enabled to p ...

advocates An advocate is a professional in the field of law. Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. Howeve ...

, and they handled similar summary cases as sheriffs, for example

drink driving Drunk driving (or drink-driving in British English) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash. In the United States, alcohol is in ...

dangerous driving In United Kingdom law, dangerous driving is a statutory offence related to aggressive driving. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driv ...

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 The Northwest Territories is a federal territory of Canada. At a land area of approximately and a 2021 census population of 41,070, it is the second-largest and the most populous of the three territories in Northern Canada. Its estimated pop ...

of Canada. They were replaced by the

Supreme Court of the North-West Territories The Supreme Court of the Northwest Territories is the name of two different superior courts for the Canadian territory of the Northwest Territories, which have existed at different times. The first Supreme Court of the North-West Territories was c ...

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 The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matter ...

and the

judiciary of New Zealand The judiciary of New Zealand is responsible for the system of courts that interprets and applies the laws of New Zealand. It has four primary functions: to provide a mechanism for dispute resolution; to deliver authoritative rulings on the mean ...

. The post was abolished in New Zealand in 1980 when it was renamed to

district court judge District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...

References

Judiciary of Scotland Scottish criminal law Judiciary of England and Wales English criminal law Judges Legal professions {{law-stub