Stipendiary magistrate

Stipendiary magistrates sat in the magistrates' courts of England and Wales, alongside unpaid 'lay' magistrates, generally hearing the more serious cases. In London, stipendiary magistrates were known as metropolitan stipendiary magistrates. Until 1949, they were known as metropolitan police magistrates. There was also a Chief Metropolitan Stipendiary Magistrate for London, with additional administrative duties.

In August 2000, stipendiary magistrates, including metropolitan stipendiary magistrates, were replaced by the new role of district judge (magistrates' courts).[1] There is also now a Senior District Judge (Chief Magistrate).

Part of a series on
Scots law
Administration Justice and Communities Directorate of the Scottish Government Cabinet Secretary for Justice Judicial Appointments Board Judicial Complaints Reviewer Parole Board for Scotland Legal Aid Board Courts & Tribunals Service College of Justice Office of the Public Guardian Scottish Sentencing Council Law Commission Criminal Cases Review Commission Prison Service
Civil courts Court of Session Lord President Lord Justice Clerk Lord of Session Office of the Accountant of Court Acts of Sederunt Sheriff Court Sheriff Appeal Court Sheriff Principal Sheriff Personal Injury Court Sheriff
Criminal courts High Court of Justiciary Lord Justice-General Lord Justice Clerk Lords Commissioner of Justiciary Acts of Adjournal Sheriff courts Sheriff Appeal Court Sheriff Principal Sheriffs Justice of the peace courts Justices of the peace
Special courts Court of the Lord Lyon Lord Lyon King of Arms Children's Reporter Administration Children's Hearings Land Court Lands Tribunal Scottish Solicitors' Discipline Tribunal
Criminal prosecution Lord Advocate Crown Office and Procurator Fiscal Service Advocate Depute Procurator fiscal Fiscal fine Precognition
Legal profession Judiciary Faculty of Advocates Advocate Law Society Solicitor-Advocate Solicitor Association of Commercial Attorneys Scottish Legal Complaints Commission

Stipendiary magistrates were the most junior judges in the Scottish judiciary. The Courts Reform (Scotland) Act 2014, passed by the Scottish Parliament, abolished the post with the creation of the new post of summary sheriff.

In 2014 there were only 4.9 full-time equivalent posts and the only court they sat in was the Justice of the Peace Court in Glasgow. The intention is that there will be a larger number of summary sheriffs, with around 60 of them sitting in more justice of the peace courts and sheriff courts, throughout the country. Under the Act any stipendiary magistrates in post on implementation of the legislation became summary sheriffs and transferred unless they declined appointment.

Summary sheriffs are able to sit in justice of the peace courts and sheriff courts. In justice of the peace courts they can exercise the same summary criminal powers as a justice of the peace. However, when they sit in a sheriff court they will exercise the same powers as a sheriff in relation to summary criminal business.

All six sheriffs principal had the power to appoint stipendiary magistrates but the power had only been used in the Sheriffdom of Glasgow and Strathkelvin.

Stipendiary magistrates exercised the same powers as a sheriff (judge) when dealing with summary criminal cases. Like sheriffs, stipendiary magistrates wore wig and gown in court.

Stipendiary magistrates were approved solicitors or advocates, and they handled similar summary cases as sheriffs, for example drink driving, dangerous driving and assault cases. They could impose sentences of up to one year's imprisonment and fines of up to £10,000.