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A justice of the peace (JP) is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
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, a magistrate was 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.
The legal term peace, sometimes king's peace or queen's peace, is the common-law concept of the maintenance of public order.
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.
In Canadian law, a peace bond is an order from a criminal court that requires a person to keep the peace and be on good behaviour for a period of time. This essentially means that the person who signs a peace bond must not be charged with any additional criminal offences during its duration. Peace bonds often have other conditions as well, such as not having any weapons or staying away from a particular person or place. Peace bonds are similar to a civil court restraining order, and are also based on the lesser burden of proof of civil law.
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
In some common law nations, a recognizance is a conditional pledge of money undertaken by a person before a court which, if the person defaults, the person or their sureties will forfeit that sum. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that they owe a personal debt to the state. A recognizance is subject to a "defeasance"; that is, the obligation will be avoided if person bound does some particular act, such as appearing in court on a particular day, or keeping the peace. In criminal cases the concept is used both as a form of bail when a person has been charged but not tried and also when a person has been found guilty at trial as an incentive not to commit further misconduct. The concept of a recognizance exists in Australia, Canada, Hong Kong, the Republic of Ireland, Scotland, and the United States. Recognizances were frequently used by courts of quarter sessions, for example they make up more than 70% of surviving records for the Bedfordshire Quarter Sessions records.
The youth justice system in England and Wales comprises the organs and processes that are used to prosecute, convict and punish persons under 18 years of age who commit criminal offences. The principal aim of the youth justice system is to prevent offending by children and young persons.
This article concerns the legal mechanisms by way of which a decision of an England and Wales magistrates' court may be challenged. There are four mechanisms under which a decision of a magistrates' court may be challenged:
The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. In particular, it changes the law relating to custodial sentences and the early release of prisoners to reduce prison overcrowding, which reached crisis levels in 2008. It also reduces the right of prison officers to take industrial action, and changed the law on the deportation of foreign criminals. It received royal assent on 8 May 2008, but most of its provisions came into force on various later dates. Many sections came into force on 14 July 2008.
Bail in Canada refers to the release of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the Criminal Code, which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release.
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.
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
In England and Wales, magistrates are trained volunteers, selected from the local community, who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates decide on offences which carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they help resolve disputes that involve children, and in the youth court which deals with criminal matters involving young people aged 10-17. Established over 650 years ago, the magistracy is a key part of the judiciary of England and Wales, and it is a role underpinned by the principles of 'local justice' and 'justice by one's peers'.
Sentencing in England and Wales refers to a bench of magistrates or district judge in a magistrate's court or a judge in the Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any plea of guilty, the defendant's character and antecedents, including their criminal record and the defendant's personal circumstances such as their financial circumstances in the case of a fine being imposed.
The Justices of the Peace Act 1361 is an Act of the Parliament of England. The Act, although amended, remains enforceable in England and Wales in 2022.
The Executive Magistrate is the magistrate of the executive organ of the People's Republic of Bangladesh. The members of the Bangladesh Civil Service (Administration) i.e. Bangladesh Administrative Service are the Executive Magistrates. They usually exercise vast executive and limited judicial power in their respective jurisdiction.
The Criminal Procedure Code, are Malaysian laws which enacted relating to criminal procedure.
In the Australian legal system, a good behaviour bond is a type of non-custodial sentence which involves the condition of the offender's “good behaviour” for a set period. The condition of “good behaviour” primarily requires the offender to obey the law, but may also include additional probation officer supervision, mandatory medical treatment or participation in rehabilitation, counselling and intervention programs. These imposed conditions are determined by state legislation and at the magistrate's discretion. A good behaviour bond may be established with or without a recorded legal conviction for the offence. The specific conditions which constitute a good behaviour bond, as well as the consequences for breaching them, vary under each Australian state or territory's legislation, but overall are used most commonly for first-time and juvenile offenders.
References
- 1 2 3 4 "Binding Over Orders". Crown Prosecution Service.
- 1 2 3 Feldman, David (March 1988). "The King's Peace, the Royal Prerogative and Public Order: The Roots and Early Development of Binding over Powers". Cambridge Law Journal . 47 (1): 103–106. doi:10.1017/S0008197300133744. JSTOR 4507130. S2CID 145431316.
- ↑ Simon N. M. Young, "Sentencing" in Understanding Criminal Justice in Hong Kong (eds. Wing Hong Chui & T. Wing Lo: Routledge, 2008), pp. 170-76.
