Justice of the Peace

A Justice of the Peace (JP) is a puisne judicial officer appointed by means of a commission 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 knights 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.

An Act of 1327 had referred to "good and lawful men" to be appointed in every county in the land to "guard the peace"; such individuals were first referred to as Conservators of the Peace, or Wardens of the Peace. The title "Justices of the Peace" derives from 1361, in the reign of King Edward III. 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 councils 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 arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws. 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.

In special circumstances, a Justice of the peace can be the highest governmental representative, so in fact 'gubernatorial', in a colonial entity. This was the case in the Tati Concession Land, a gold-mining concession (territory) in the Matabele kingdom, until its annexation the British Bechuanaland protectorate

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.

Scotland

Within the Scottish legal system Justices of the Peace are lay magistrates who currently sit in the Scottish District Courts. These courts were introduced in 1975 as replacement for Burgh Police Courts. Justices sit alone or in threes with a qualified legal assessor as convener or clerk of court. They handle many cases of breach of the peace, drunkenness, minor assaults, petty theft, and offences under the Civic Government (Scotland) Act 1982.

In Glasgow the volume of business requires the employment of three solicitors as "stipendiary magistrates" who sit in place of the lay Justices. The Stipendiary Magistrates' court has the same sentencing power as the summary Sheriff Court. However, in 2006 the Scottish Executive announced its intention to unify the management of the Sheriff and District courts in Scotland, but retaining lay Justices, as part of its initiative to create a unified judiciary under the Lord President.

Australia

A Justice of the Peace in Australia is typically someone of good stature in the community who is authorized to witness and sign statutory declarations and affidavits 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.

Generally speaking, a Justice of the Peace cannot act in relation to a document which is to be used in a foreign country. One exception to this, however, is that countries in the Commonwealth frequently accept documents so certified, but this is largely dependant on local legislation.

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. Notary publics are appointed from amongst the ranks of solicitors and barristers, and the best way to locate one is to contact your local law society.

Queensland

In the state of Queensland, a "Justice of the Peace (Qualified)" has the additional powers to issue search warrants, arrest warrants, Justices Examination Orders, 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 aboriginal communities, to perform many of the functions that might otherwise fall to a stipendary 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.

Justices of the Peace can be located in courthouses, municipal councils, and many public service offices. The New South Wales Government provides a web service that allows people to locate a suitable JP: here.

Canada

Canada has ten provinces and three territories. Justices of the Peace (JP) play a key role in the administration of justice at the provincial level. JPs are appointed by the premiers of Canada's provinces and territories. Canada is a vast country and JPs are often the only magistrates in some regions. In the Northwest Territories, JPs are regularly assigned to hear federal crimes. However, in smaller provinces JPs usually only preside over routine items such as 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 suggest their lack of legal experience impacts the efficient delivery of justice.

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, this historical functions of Justices of the Peace have been replaced by full-time, legally qualified magistrates. Nowadays, 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 prisons, ^* 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 declarations and affidavits.

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. states, 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 debts, 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 the Commonwealth of Massachusetts, Justices of the Peace are often called on to perform same-sex marriages. In Connecticut, Justices of the Peace can preside over same-sex Civil Unions. In Connecticut, JPs are not penalized for refusing to perform these ceremonies.

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.

In the USA many speeding ticket trials are handled by a magistrate or a Justice of the Peace.