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A Justice of the Peace ('''JP''') is an inferior Magistrate appointed by means of a '''commission of the peace''' (mandate) to keep the peace. Depending on the jurisdiction, they might dispense Summary Justice and deal with local administrative applications in Common Law jurisdictions. Justices of the Peace are appointed from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have a formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs (for example Queensland Australia, and the UK ). HISTORY In 1195 , Richard I ("the Lionheart") of England commissioned certain Knight s to preserve the peace in unruly areas. They were responsible to the King for ensuring that the law was upheld, and preserved the " King's Peace ," and were known as Keepers of the Peace. The title "Justices of the Peace" derives from 1361 , in the reign of King Edward III . An Act of 1327 had referred to "good and lawful men" to be appointed in every county in the land to "guard the peace." The "peace" to be guarded is the "King's peace" or (currently) Queen's Peace , the maintenance of which is the duty of the Crown under the Royal Prerogative . Justices of the Peace still use the power conferred or re-conferred on them in 1361 to bind over unruly persons "to be of good behaviour." The bind over is not a punishment, but a preventive measure, intended to ensure that people thought likely to offend will not do so. The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from those municipal corporations that had it. This was replaced by the present system, where the Lord Chancellor nominates candidates with local advice, for appointment by the Crown . Until the introduction of elected County Council s in the 19th Century, J.P.s, in Quarter Sessions , also administered the county at a local level. They fixed wages, regulated Badgers & food supplies, built & controlled roads and bridges, and undertook to provide and supervise locally those services mandated by the Crown and Parliament for the welfare of the county. Being an unpaid office, undertaken more for the sake of renown and to confirm the justice's standing within the community, the justice was typically a member of the Gentry . The justice of the peace conducted Arraignment s in all criminal cases, and tried Misdemeanour s and Infraction s of local Ordinance s and Bylaw s. Towns and boroughs with enough burdensome judicial business that could not find volunteers for the unpaid role of justice of the peace had to petition the Crown for authority to hire a paid stipendiary magistrate. Women were not allowed to become JPs until 1919 , the first woman being Ada Summers, the Mayor of Stalybridge , who was a JP by virtue of her office.
MODERN USE IN THE COMMONWEALTH TRADITION England and Wales A Magistrate's Court in England And Wales is composed of a Bench of (usually three) J.P.s, who dispense Summary Justice . They are advised on points of law by a legally-qualified Clerk . In addition to the lay justices (who are unpaid, do not necessarily possess legal qualifications and work part-time), there are a small number of 'District Judges (Magistrates Court)' (formerly known as 'stipendiary magistrates'). These are legally-qualified, full-time members of the magistracy and hear cases alone, without any other magistrates on the bench. It is important to distinguish the District Judge (Magistrates Court) from the District Judges who usually sit in the County Court. Magistrates' courts today can deal with minor offences (fines of up to £5,000 and imprisonment of up to twelve months) and handle over 95% of the criminal cases in England And Wales and Northern Ireland . With more serious offences, magistrates are responsible for Indictment and committal to the Crown Court (a task in former times dealt with by a Grand Jury ). Magistrates also have some limited civil Jurisdiction , such as licensing applications, although these functions were removed from them under the Licensing Act 2003 . Until the Courts Act 2003 came into force, magistrates were tied to a particular area (see Magistrates' Court Committee , Commission Area , Petty Sessions Area ). This has now been changed such that they are assigned to Local Justice Areas , but less strongly. The Justices Of The Peace Act 1997 provides the current framework for appointment of the Justices, which is done by the Lord Chancellor in the name of Her Majesty . Justices can also be removed by the same mechanism. A District Judge (Magistrates Court) must have a "7 year general qualification", and are appointed by Her Majesty on the advice of the Lord Chancellor. Australia A Justice of the Peace in most Australian states is someone of good stature in the community who is authorized to witness and sign Statutory Declaration s and Affidavit s and to certify copies of original documents. Criteria for appointment varies widely depending on the state. For example, in Queensland , a Justice of the Peace (Qualified) must complete an exam prior to be eligible for appointment, whereas in Victoria , a person need only prove good character by way of references. Unless specifically provided for in foreign legislation, they have no power or authority in relation to any document which is to be used in a foreign country. A foreign government or court may reject any document which has been signed by a Justice of the Peace. (One such exception is New Zealand.) Documents which are to be used in a foreign country that does not provide for a foreign JP to witness them should be dealt with by a Notary Public . This is the same for all countries where the office of a Justice of the Peace exists. Notaries public can be found by looking in the Yellow Pages. Queensland In the state of Queensland , a "Justice of the Peace (Qualified)" has the additional powers to issue search warrants, arrest warrants, Justices Examination Order s, and (in conjunction with another Justice of the Peace (Qualified)) constitute a magistrates' court and exercise powers to remand defendants in custody, grant bail, and adjourn court hearings. Some justices are appointed as Justice of the Peace (Magistrates' Court), usually in remote communities, to perform many of the functions that might otherwise fall to a salaried Magistrate . Victoria In Victoria, Justices of the Peace no longer perform judicial function, but continue to exist primarily to witness documents. They are appointed for life by the Governor in Council. A separate office of Bail Justice was created in the 1990s to handle after-hours bail applications, protection of children applications and occasionally interstate extradition applications and some other federal functions. They are appointed until age 72 by the Attorney-General following successful completion of training. Many people hold both offices. New South Wales Similarly, Justices of the Peace perform few judicial functions, if any. Those justices employed by the Attorney General's Department can issue some kinds of warrant, and perform minor judicial functions. Many Justices of the Peace so employed work in the Courts, and hold office therein. These justices may have authority to handle bail matters outside normal court sitting hours. Interestingly, a great number of Pharmacists are Justices of the Peace, which is useful in certain situations. Justices of the Peace can also easily be located in courthouses and some municipal councils. Many state governments maintain online registers, containing contact details of JP's, for public reference, such as that provided by the New South Wales Government here . Canada In Canada , Justices of the Peace (JP) play a key role in the administration of justice at the provincial level. JPs are appointed by the province and have their duties assigned by a senior judges. Justices of the Peace who can be assigned to preside over routinely conduct trials and preside over bail hearings. When not in a court session, JP can perform other judicial functions, such as issuing search warrants. JP are not required to have legal background, but some critics blame their lack of legal experience impacting the delivery of justice. Functions of JP can vary from province to province. In Ontario , native JP are being added to deal with legal processes for aboriginal people. JP - Ontario JP - Saskatchewan JP - British Columbia Native JP - Ontario Hong Kong In Hong Kong , Justices of the Peace are essentially titles of honour given by the Government to community leaders, and to certain officials while they are in their terms of offices. They have no judicial functions, and their main duties include visiting Prison s, {Link without Title} and administering statutory declarations. Malaysia In Malaysia , Justices of the Peace have largely been replaced in magistrates' courts by legally-qualified (first-class) stipendiary magistrates. However, state governments continue to appoint Justices of the Peace as honours. In 2004 some associations of Justices of the Peace pressed the federal government to allow Justices of the Peace to sit as second-class magistrates in order to reduce the backlog of cases in the courts. New Zealand A Justice of the Peace in New Zealand is someone of good stature in the community who is authorized to witness and sign Statutory Declaration s and Affidavit s. They also have certain powers to issue search warrants, and (in conjunction with another Justice of the Peace) may try minor criminal trials in the District Court and exercise powers to remand defendants in custody, grant bail, and adjourn court hearings. UNITED STATES In some U.S. State s, the Justice of the Peace is a Judge of a Court of limited Jurisdiction . The justice of the peace typically presides over a court that hears Misdemeanor cases, traffic violation and other petty criminal infractions. The justice of the peace may also have authority over cases involving small Debt s, Landlord and Tenant disputes, or other Small Claims Court proceedings. Proceedings before the Justice of the Peace are often faster and less formal than the proceedings in other courts. In some jurisdictions a party convicted or found liable before the Justice of the Peace may have the right to a Trial De Novo before the judge of a higher court rather than an Appeal strictly considered. The Justice of the Peace is also the judge to whom parties seeking a civil Marriage can repair. In many states the office of Justice of the Peace has been abolished or transferred to another court, such as the Magistrate court. In larger cities, cases may be held in a Municipal Court which has jurisdiction only within that city. Most efforts to abolish the office of Justice of the Peace have been led by the American Bar Association, an organization of America's attorneys, who view non-lawyer judges as no longer necessary, as there are more people now with formal legal education than there were when JPs were common. SEE ALSO SOURCES AND EXTERNAL LINK |
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