Justice of the Peace

A Justice of the Peace (JP) is a magistrate appointed by a commission to keep the peace, 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.

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.

Related Topics:
1195 - Richard I - England - Knight - King's Peace

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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.

Related Topics:
1361 - King Edward III - 1327 - Queen's peace - Crown - Royal prerogative

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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.

Related Topics:
Municipal Corporations Act 1835 - Lord Chancellor - Crown

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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, built and 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.

Related Topics:
County council - Quarter Sessions

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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.

Related Topics:
Gentry - Arraignment - Misdemeanour - Infraction - Ordinance - Bylaw

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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.

Related Topics:
1919 - Stalybridge

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