The justices' clerk Magistrate (England and Wales)

the principal adviser bench or benches of magistrates justices clerk, appointed under courts act 2003 lord chancellor. justices clerk qualified solicitor or barrister of @ least 5 years standing. vast majority of magistrates courts taken justices clerk s assistants known magistrates clerks, court clerks or legal advisers. primary role provide legal advice magistrates in court room , in retiring room, assisting in administration of court business. clerks duty guide magistrates on questions of law, practice , procedure. set out in justices of peace act (1979) s 28(3) provides:

although clerk can assist magistrates in decision-making (e.g. advising on sentencing guidelines of higher courts, or on admissibility of evidence), he/she should not participate in factual decision-making process. neither should he/she automatically accompany magistrates when retire make decisions, although can invited join them. principle has been upheld in case law, such case of r v eccles justices, ex parte farrelly (1992) in queen s bench divisional court quashed convictions because court clerk had apparently participated in decision making process.

a justices’ clerk has powers of single magistrate, example issue summons, adjourn proceedings, extend bail, issue warrant failing surrender bail there no objection on behalf of accused, dismiss information no evidence offered, request pre-sentence report, commit defendant trial without consideration of evidence , make directions in criminal , family proceedings. justices’ clerk may delegate these functions legal adviser (referred “assistant justices’ clerk” in relevant legislation). crime , disorder act 1998 gives clerks powers deal administrative hearings.