Law and Rights
2011 marks the 650th Anniversary of the Justices of the Peace Act 1361. The Office of Justice of the Peace may have originated earlier than 1361 since, as early as 1195, a proclamation was made requiring the appointment of "knights" to keep the peace. By a statute of 1327, provision was made for the appointment of "good and lawful men" to keep the peace in each County. These men were known as "conservators of the peace" but, from 1361, as Justices of the Peace. Since 1361 they have had a long and interesting history having been handed all manner of tasks to perform including many tasks which proved to be unpopular such as adminstering the "poor law." One distingished legal writer referred to them as "judicial beasts of burden."
In modern times, they perform most of their duties within the Magistrates' Courts and the modern "bench" is made up of people from all walks of life who give of their time freely and are paid relatively minimal expenses (e.g. cost of travel to and from court). They receive training for their work but are advised in court on the relevant law and procedure by legal advisers who, nowadays, are usually barristers or solicitors. Since the Courts Act 2003, there is a single Commission of the Peace for England and Wales and Magistrates' Courts serve "Local Justice Areas" but the number of such areas is being reduced considerably by the government's cull of court buildings - a cull which started under the previous government.
Here is "The Big Society" in positive action. The late Senior Law Lord and former Lord Chief Justice - Lord Bingham of Cornhill - described the magistracy as a jewel beyond price and it gives
members of local communities a key role in the administration of justice. They deal - competently - with around 95% of those criminal cases which are brought to court. They man the Youth Courts and Family Proceedings Courts. Yet, on the eve of their 650th year, many of the justices are concerned at matters such as the loss of local courts; the greater use of out-of-court methods of dealing with offenders (sometimes quite serious offenders) and the increasing numbers of District Judges (Magistrates' Courts) sitting in the Magistrates' Court. The latter are professionally qualified, command a salary in the region of £100,000 p.a., usually sit alone and have the full powers of the Magistrates' Court. There is a feeling that the work of the Justices of the Peace - (or "lay justices" as they are now sometimes called) - is no longer valued or appreciated and that they are being "sidelined" into very routine and undemanding work.
An article in The Telegraph 29th December argues that Justice will not be served by downgrading Justices of the Peace. The author - Mr Trevor Grove J.P. wrote:-
- Reforming The Role Of Magistrates
This morning I draw attention to an article in Modern Law Review (November 2014) - Reforming the role of Magistrates: Implications for summary justice in England and Wales The article may be obtained (£) from the Wiley Online Library. The Library...
- The Magistrates' Courts
The legal system of England and Wales is quite unique with regard to the extensive lay involvement in the administration of justice in the Magistrates' Courts as well as members of the public forming juries in the Crown Court and, occasionally, in...
- Justices Of The Peace
The office of Justice of the Peace is one of the oldest known to our law. I wrote about the justices in June 2011 as part of a series of posts about our legal system. Today, a considerable number of the justices are members of the Magistrates'...
- A Jewel Beyond Price ... The Magistracy Of England And Wales ... No.2
Rochdale Magistrates Court In December 2010 Law and Lawyers looked at the magistracy of England and Wales which was described by the late Lord Bingham as a "democratic jewel beyond price." 25th January 2011 marked the 650th Anniversary of the Justices...
- The Judiciary - More On Appointment Processes
Justices of the Peace - The Ministry of Justice has announced a consultation about proposed changes to the system for appointing Justices of the Peace. Serving as a J.P. is a very important way in which the layman can contribute to the administration...
Law and Rights
A Jewel Beyond Price ... the Magistracy of England and Wales
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| Kidderminster Magistrates Court |
In modern times, they perform most of their duties within the Magistrates' Courts and the modern "bench" is made up of people from all walks of life who give of their time freely and are paid relatively minimal expenses (e.g. cost of travel to and from court). They receive training for their work but are advised in court on the relevant law and procedure by legal advisers who, nowadays, are usually barristers or solicitors. Since the Courts Act 2003, there is a single Commission of the Peace for England and Wales and Magistrates' Courts serve "Local Justice Areas" but the number of such areas is being reduced considerably by the government's cull of court buildings - a cull which started under the previous government.
Here is "The Big Society" in positive action. The late Senior Law Lord and former Lord Chief Justice - Lord Bingham of Cornhill - described the magistracy as a jewel beyond price and it gives
members of local communities a key role in the administration of justice. They deal - competently - with around 95% of those criminal cases which are brought to court. They man the Youth Courts and Family Proceedings Courts. Yet, on the eve of their 650th year, many of the justices are concerned at matters such as the loss of local courts; the greater use of out-of-court methods of dealing with offenders (sometimes quite serious offenders) and the increasing numbers of District Judges (Magistrates' Courts) sitting in the Magistrates' Court. The latter are professionally qualified, command a salary in the region of £100,000 p.a., usually sit alone and have the full powers of the Magistrates' Court. There is a feeling that the work of the Justices of the Peace - (or "lay justices" as they are now sometimes called) - is no longer valued or appreciated and that they are being "sidelined" into very routine and undemanding work.
An article in The Telegraph 29th December argues that Justice will not be served by downgrading Justices of the Peace. The author - Mr Trevor Grove J.P. wrote:-
"Next year's anniversary is an opportunity for the country to celebrate one of the fairest and most democratic forms of summary justice on the planet. But it is also a chance to consider the damage that planned reforms might inflict upon a concept of local justice that is unmatched anywhere in the world."
Trevor Grove JP is the author of "The Magistrates' Tale: A Frontline Report from a new JP"
Trevor Grove JP is the author of "The Magistrates' Tale: A Frontline Report from a new JP"
- Reforming The Role Of Magistrates
This morning I draw attention to an article in Modern Law Review (November 2014) - Reforming the role of Magistrates: Implications for summary justice in England and Wales The article may be obtained (£) from the Wiley Online Library. The Library...
- The Magistrates' Courts
The legal system of England and Wales is quite unique with regard to the extensive lay involvement in the administration of justice in the Magistrates' Courts as well as members of the public forming juries in the Crown Court and, occasionally, in...
- Justices Of The Peace
The office of Justice of the Peace is one of the oldest known to our law. I wrote about the justices in June 2011 as part of a series of posts about our legal system. Today, a considerable number of the justices are members of the Magistrates'...
- A Jewel Beyond Price ... The Magistracy Of England And Wales ... No.2
Rochdale Magistrates Court In December 2010 Law and Lawyers looked at the magistracy of England and Wales which was described by the late Lord Bingham as a "democratic jewel beyond price." 25th January 2011 marked the 650th Anniversary of the Justices...
- The Judiciary - More On Appointment Processes
Justices of the Peace - The Ministry of Justice has announced a consultation about proposed changes to the system for appointing Justices of the Peace. Serving as a J.P. is a very important way in which the layman can contribute to the administration...