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Justice of the Peace meaning

What does Justice of the Peace mean?
A Justice of the Peace (JP) is a lay magistrate who deals with summary criminal matters and related applications at first instance, including issuing summonses and warrants, taking pleas, deciding bail and conducting trials within statutory limits. The title and core functions are set out in statute in each jurisdiction, though the expression is also used descriptively for lay magistracy. England and Wales: JPs sit (usually in threes) in the magistrates’ court and, with training, in the youth court and Family Court, supported by legal advisers. They are unpaid volunteers. District Judges (Magistrates’ Courts) are professional judges and are not justices of the peace. Scotland: JPs sit in the Justice of the Peace Court for summary criminal cases, with limited sentencing powers and legal adviser support. Northern Ireland: Justices of the peace are appointed mainly for administrative and judicial signing functions (for example, witnessing and considering warrant applications). Magistrates’ courts are presided over by District Judges; lay magistrates sit in youth and family proceedings. Ireland: The office of JP is largely historic. Practical witnessing and certification functions are performed by Peace Commissioners, while summary criminal matters are heard by judges of the District Court. The term remains significant for local criminal justice,...
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View the related Checklists about Justice of the Peace

CHECKLISTS
Contesting mutual legal assistance evidence: practitioner checklist on letters of request, disclosure, judicial review, admissibility, exclusion and abuse of process

This Checklist should be read alongside Practice Notes: Mutual legal assistance (MLA) and Grounds for refusing assistance by the requested authority... The Letter of Request (LOR) Requests from the UK for mutual legal assistance (MLA) are made through a formal letter of request (LOR). Under the Crime (International Co-operation) Act 2003 (C(IC)A 2003), the UK judicial authorities that may seek assistance are any judge or justice of the peace in England and Wales. A prosecution authority designated by an order of the Secretary of State may likewise request assistance where the conditions in C(IC)A 2003, s 7(5) are fulfilled: it appears to the authority that an offence has been committed there are reasonable grounds for suspecting that an offence has been committed, and the authority has instituted proceedings in respect of the offence in question or the offence is being investigated Issuing authority When considering the LOR itself, ask: Was the LOR issued by a judge...

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CHECKLISTS
Section 29 CJA 2003 (England and Wales): checklist of public prosecutors authorised to commence proceedings by written charge and requisition or single justice procedure notice

The Criminal Justice Act 2003 (CJA 2003) Under the Criminal Justice Act 2003 (CJA 2003), a different route for commencing criminal proceedings in England and Wales was established. In place of laying an information before a justice of the peace to obtain a summons securing the defendant’s attendance, this approach requires public prosecutors to issue a written charge and serve it on the defendant and the court, together with a requisition directing the person to attend a magistrates’ court to answer the written charge. See Practice Note: Commencing criminal proceedings—written charge and requisition or single justice procedure notice. Only public prosecutors authorised under CJA 2003, s 29(5) are permitted to commence criminal proceedings by this means. The table below sets out those public prosecutors who must now proceed by using the written charge and requisition or a single justice notice procedure...

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View the related Practice Notes about Justice of the Peace

PRACTICE NOTES
UK constitutional monarchy and Parliament: the Crown’s powers, conventions, royal prerogative, State Opening, dissolution and prorogation, Royal Assent and consents, hung Parliaments, and succession

Who is the Head of State? The monarch serves as Head of State and is formally: the State’s Supreme Executive Officer the Supreme Governor of the Church of England the titular commander-in-chief of the three services of the armed forces (army, navy and air force) the fount of justice and of all titles of honour, distinctions and dignities Foreign affairs—including treaty-making and the declaration of war and peace—are carried out by the executive in the monarch’s name, known as the exercise of the royal prerogative. Without a single written constitution, the Crown stands as the State’s symbol, with the monarch acting as a figurehead through significant ceremonial roles, such as the State Opening of Parliament. Relationship with Parliament The Crown’s reliance on its people is mirrored in its relationship with Parliament. In earlier periods, the monarch personally exercised the State’s supreme executive, legislative and judicial authority. Through modern history—particularly after the enforced abdication of James II and the...

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PRACTICE NOTES
Scottish criminal courts: jurisdiction, maximum penalties, sentencing options and ancillary orders, covering the High Court of Justiciary, sheriff and justice of the peace courts, plus victim statements

This Practice Note sets out an explanation of the powers of the Scottish criminal courts to impose sentence following conviction. For an introduction to the structure and operation of the Scottish criminal justice process, see Practice Note: The investigation and prosecution of criminal offences in Scotland. For guidance on the approach the Scottish courts adopt to sentencing corporate criminal/regulatory offences, see Practice Note: Sentencing corporate criminal offences in Scotland. High Court The most serious corporate cases are prosecuted in the High Court of Justiciary (High Court). Under solemn procedure, a judge and jury try the case, as noted above. See Practice Notes: Solemn procedure in Scottish criminal proceedings and Trials under the Scottish solemn procedure. As a trial court, its jurisdiction extends across the whole of Scotland (and, on occasion, beyond) in respect of all crimes unless excluded by statute. It holds exclusive jurisdiction to try the gravest crimes, such as treason, murder and rape. In practice, the High Court deals with other serious crimes including very serious...

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PRECEDENTS
Magistrates’ court complaint under s 56 Highways Act 1980 seeking order compelling highway authority to repair a public highway or bridge (England and Wales)

In the County of [ insert county ] — Petty Sessional Division of [ insert ] The Complaint of [ insert name ] Of [ insert address ], who states as follows: The route or bridge called [ insert name ] in the parish/town of [ insert name ] is a highway maintainable at public expense, for which the [ insert name ] highway authority is responsible. The highway is in disrepair. On [ insert date ], the Complainant served the [ insert name ] highway authority with a Notice under section 56 of the Highways Act 1980. On [ insert date ], the highway authority served on the Complainant a Notice admitting both that the route/bridge is a highway and that it is bound to maintain it. NOW, pursuant to section 56 of the Highways Act 1980, the Complainant asks this Court for an Order directing the [ insert name ] Council, as highway authority, to put the highway into...

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