Useful References The
Municipal Corporations Act 1835
Change
in System of Appointment
Establishment
of Juvenile Courts
History of the Justices of the Peace, Sir Thomas Skyrme, Barry Rose Publishers
The Justice of the Peace, Esther Moir, Pelican
The part played by lay magistrates in the judicial system of England and Wales can be traced back to the year 1195. In that year Richard 1 commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King for ensuring that the law was upheld; they 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 Edward III. An Act in 1327 had referred to 'good and lawful' men to be appointed in every county to 'guard the peace'. Justices of the Peace still retain the power 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.
Before 1835, justices in towns were appointed in accordance with rights granted by charter. The Municipal Corporations Act 1835 provided for them to be nominated by the Lord Chancellor for the boroughs in consultation with local advisers, while, for the county benches, he continued to confirm the nomination of the Lord Lieutenants, who had their own methods for finding suitable candidates. The appointment of both was vested in the Crown acting on the Lord Chancellor's advice. The exception to the rule was Lancashire, where both county and borough magistrates were nominated by the Chancellor of the Duchy.
The system of appointment, which led to a preponderance of Conservatives on the benches was challenged by the Liberal Government in 1906. The property qualification was abolished for county magistrates. Lord Loreburn, as Liberal Lord Chancellor, nominated 7,000 magistrates of whom 3,197 were Liberals. The Royal Commission on the Appointment of Justice of the Peace 1910 recommended the institution of an Advisory committee system. A year later Advisory Committees on which Liberals and Conservatives were equally represented had been set up in most counties to advise Lord Lieutenants on nominations. A few years later the boroughs had also formed advisory committees. Originally appointment to these committees was for life but in 1925 Lord Cave introduced appointment for 6 years and ordered half the committees to retire by rotation every three years.
It was not until The Sex Disqualification (Removal) Act 1919 came into force on 23 December 1919 that women became magistrates.
The first woman magistrate, Mrs Ada Summers, Mayor of Stalybridge, sitting ex-officio was sworn in on 31 December 1919. At that time Mayors of Boroughs were justices as well as chairmen of borough benches by right of office. Mrs Summers was therefore probably the first woman also to adjudicate in court. Her picture appeared in the weekly journal Great Thoughts, 5 June 1920, alongside an interview on The First Woman JP on her work.
Mrs Summers was the widow of a local ironmaster. She was an active suffragist and Liberal and used her wealth and position to support a number of schemes designed to improve conditions in the town of Stalybridge, Cheshire. These included a maternity and child welfare clinic, clinics for the sick and poor and an unofficial employment centre.
On 1 January 1920 at least six women were appointed and included:-
For County of London
Margaret Etrenne Hannah, Marchioness of Crew (died in 1967)
Beatrice Webb (name removed from the Commission at her own request in 1927)
Gertrude Tuckwell (became residentially disqualified in 1950)
For Caernarvonshire
Margaret Lloyd George (died in 1941)
For Hertfordshire
Mary Augusta Ward (died in 1920)
For County Durham
Edith, Marchioness of Londonderry (name removed at her own request in 1952)
The Times, 20 July 1920, carried a report that the following recommendations made by a committee of women chaired by Lady Crewe, the Lord Chancellor's office had issued a list of women appointed to serve in England (other than Lancaster) and in Wales. In the first five years after the Act was passed, 1,200 women were appointed to Commissions and, during the next decade, about one hundred were appointed each year. By 1929 all county benches included at least one woman magistrate, although 55 borough benches were all male.
By 1942 only nine divisions were without a woman magistrate.
By 1947 the Magistrates' Association recommended to the Royal Commission of Justices to the Peace that immediate steps be taken to ensure all benches had adequate numbers of women magistrates.
The Middlesex Justices Act 1792, set up seven public courts in various parts of London with three justices and their clerk who all received annual salaries and were compelled to pay their fines and fees to a receiver accountable to the Treasury. The unpaid justices continued to help at these courts but before long found themselves dealing only with licensing, rate summonses and offences under various acts where no fees were charged. Criticism was voiced in 1937 the Maxwell Commission recommended that lay and metropolitan justices should be housed in the same buildings. Nothing was done though due to the outbreak of war. In the Justices of the Peace Act 1949 power was given to the Home Secretary to specify the classes of case which lay justices might deal with outside the metropolitan courts. Since that time they have had a great variety of offences and have become more closely associated with the stipendiary magistrates.
An Act of 1908, known as the 'children's charter', established the specialised juvenile courts. Since the Children and Young Persons Act 1933 magistrates, with special qualifications for this work, are elected by their colleagues in each PSD.
For the following 600 years, and still continuing today, Justices of the Peace have undertaken the greater part of the judicial work carried out in England and Wales.
