In Sri Lanka, a Justice of the Peace and Unofficial magistrate (also known as Acting magistrate) is a judicial appointment made by the Minister of Justice to a particular jurisdiction under the Judicature Act No 02 of 1978. An Unofficial magistrate is a senior Attorney at law (with 15 years or more practice), who is a Justice of the Peace and has the powers and authority vested in a Magistrate except the power to hear, try, or determine civil or criminal cases. Persons appointed as Unofficial magistrates may use the post-nominal JP, UM. [1] [2]
Commonly found in magistrate courts in remote areas where there are only one Magistrate and/or Additional Magistrate, it is a nominal position awarded to a senior lawyer of the court, who as the unofficial magistrate site on behalf of the magistrate in his/her absence and postpone hearings to a later date, grant bail and remand arrested suspects pending magisterial inquiry.
The post was formally known as Justice of the Peace and Un-Official Police Magistrate (JP UPM) when the magistrate courts were known as police magistrate courts. Under the Ordinance No. 16 on 1865 section 28, unofficial magistrates had powers to appoint persons to the special police reserve, where requested to do by a Superintendent of Police or an Assistant Superintendent of Police. These powers were used during the 1915 riots. [3]
Under the provisions of the Municipal Councils Ordinance, the Mayor and Deputy Mayor of a Municipal Council are ex-official Justice of the Peace and Unofficial magistrate for the administrative district in which the Municipality is situated. This would be to cover the functions of the Municipal Magistrate Court in the absence of the Magistrate assigned to it. [4]
Although unofficial magistrates have the power to grant bail, accusations have been made that certain lawyers presiding as unofficial magistrates have granted bail to their clients. [5]
A justice of the peace 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.
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.
The Supreme Court of Sri Lanka is the highest court in Sri Lanka and the final judicial instance of record. Established in 1801 and empowered to exercise its powers subject to the provisions of the Constitution of Sri Lanka, the Supreme Court has ultimate appellate jurisdiction in constitutional matters and takes precedence over all lower courts. The Sri Lankan judicial system is a complex blend of common law and civil law. In some cases, such as those involving capital punishment, the decision may be passed on to the President of Sri Lanka for clemency petitions. The current Chief Justice of Sri Lanka is Jayantha Jayasuriya.
The Colombo Municipal Council is the municipal governing body of Colombo, the largest city and financial centre in Sri Lanka. It consists of a directly elected executive Mayor of Colombo, current elect is Rosy Senanayake, and 119 elected 119 municipal councilors. The council was formed in 1865, it first met in 1866 and derives most of its powers from Municipal Council Ordinance No. 29 of 1947.
The government of the U.S. State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the federal government of the United States. The state government has three branches: the executive, legislative, and judicial. Through a system of separation of powers or "checks and balances," each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches.
A President's Counsel is an eminent lawyer who is appointed by the President of Sri Lanka as an individual "learned in the law". The term is an honorific that replaced the Queen's Counsel (QC), which Sri Lanka ceased appointing when it became a republic in 1972. It is equivalent to the appointment of a King's Counsel in the United Kingdom and other Commonwealth realms, and that of Senior Counsel in Commonwealth republics, bearing the same privileges, such as sitting within the Bar of court.
The mayor of Colombo is the mayor of the Colombo Municipal Council. The post was created in 1866 when the Colombo Municipal Council was established by the Legislative Council of Ceylon. The Mayor is assisted by the Deputy Mayor and a Municipal Commissioner. Since 1944 the majority of the mayors have been from the United National Party.
An Attorney at law in Sri Lanka is the only legal practitioners authorised to represent others in all court of law in the island and are also authorised to give advice regarding any matter of law. Alternative terms include lawyer.
The Ministry of Justice, Prisons Affairs and Constitutional Reforms is the cabinet ministry of the Government of Sri Lanka responsible for the implementation of policies, plans and programmes for the administration of the country's justice system, and thereby administers its courts and prisons. Wijeyadasa Rajapakshe is the incumbent Minister of Justice as of 20 May 2022.
Peter Mohan Maithree Peiris, PC is a Sri Lankan lawyer and diplomate. He served as the Attorney General of Sri Lanka from 2008 to 2011 and was the de facto Chief Justice of Sri Lanka from 2013 to 2015 when President Maithripala Sirisena declared his appointment void ab initio in 2015. He has been serving as the Permanent Representative of Sri Lanka to the United Nations since January 2021 and was elected Vice President of the 78th session of the United Nations General Assembly in June 2023.
Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.
A legal adviser, formerly referred to as a justices' clerk or clerk to the justices is an official of the magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace.
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'.
The 1915 Sinhalese-Muslim riots was a widespread and prolonged ethnic riot in the island of Ceylon between Sinhalese Buddhists and the Ceylon Moors. The riots were eventually suppressed by the British colonial authorities.
The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.
The magistrate's courts in Sri Lanka is a lower court headed by a magistrate who is vested with original criminal jurisdiction.
In the United States, there is no consistent use of the office of constable throughout the states; use may vary within a state. A constable may be an official responsible for service of process: such as summonses and subpoenas for people to appear in court in criminal and/or civil matters. They can also be fully empowered law enforcement officers. Constables may have additional specialized duties unique to the office. In some states the constable is an elected or appointed position at the state or local level of local government. Their jurisdiction can vary from statewide to county/parish and local township boundaries based on the state's laws.
In many countries, a municipal commissioner is an official in a municipal government such as that of a city or a town.
Alexander Nicholas de Abrew Abeysinge was a Ceylonese politician.