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    The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judici…

    The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

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    In ancient Rome, the word magistratus referred to one of the highest offices of state. Analogous offices in the local authorities, such as municipium, were subordinate only to the legislature of which they generally were members, ex officio, often a combination of judicial and executive power, constituting one jurisdiction. In Rome itself, the highest magistrates were members of the so-called cursus honorum, 'course of honors'. They held both judicial and executive power within their sphere of responsibility (hence the modern use of the term "magistrate" to denote both judicial and executive officers), and also had the power to issue ius honorarium, or magisterial law. The Consul was the highest Roman magistrate. The Praetor (the office was later divided into two, the Urban and Peregrine Praetors) was the highest judge in matters of private law between individual citizens, while the Curule Aediles, who supervised public works in the city, exercised a limited civil jurisdiction in relation to the market. Roman magistrates were not lawyers, but were advised by jurists who were experts in the law.

    The term was maintained in most feudal successor states to the western Roman Empire. However, it was used mainly in Germanic kingdoms, especially in city-states, where the term magistrate was also used as an abstract generic term denoting the highest office, regardless of the formal titles (e.g. Consul, Mayor, Doge), even when that was actually a council. The term "chief magistrate" applied to the highest official, in sovereign entities the head of state and/or head of government.

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    Under the civil law systems of European countries, such as Belgium, France, Italy and the Netherlands, magistrat (French), magistrato (Italian) and magistraat (Dutch) are generic terms which comprise both prosecutors and judges, distinguished as the 'standing' versus 'sitting' magistrature, respectively.

    In France and Italy, and several other European countries, examining magistrate judges have represented the victim and are part of overseeing investigations from the beginning of a case, in consultation with police and prosecutors. In France they are titled investigative judge (juge d'instruction, "judge of inquiry"). Italy and some other nations have ended this practice.

    In Portugal, besides being used in the scope of the judiciary to designate prosecutors and judges, the term magistrado was also used to designate certain government officials, like the former civil governors of district. These were referred as "administrative magistrates", to distinguish them from the judiciary magistrates. The President of Portugal is considered the Supreme Magistrate of the Nation.

    In Finland, maistraatti (the Finnish-language cognate of "magistrate", officially translated as "local register office" ) is a state-appointed local administrative office whose responsibilities include keeping population information and public registers, acting as a public notary and conducting civil marriages.
    In Mexico's Federal Law System, a magistrado (magistrate) is a superior judge (and the highest-ranking State judge), hierarchically beneath the Supreme Court Justices (Ministros de la Corte Suprema).

    The magistrado reviews the cases seen by a judge in a second term if any of the parties disputes the verdict. For special cases, there are magistrados superiores (superior magistrates) who review the verdicts of special court and tribunal magistrates.
    In Germany, the magistrational roles of the judge were transferred to a newly established legal body of the judiciary in 1942, which is that of the Rechtspfleger or judicial magistrate.

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    Magistrates hear 'summary offences' and some 'triable-either-way offences' in the Courts of England and Wales. In 2021, there were 12,651 magistrates, a number that has fallen steadily in recent years, decreasing by 50% from 25,170 since 2012. Magistrates have a maximum sentencing power of up to 12 months' imprisonment, and/or an unlimited fine. In practice, magistrates have a wide range of sentencing options, which include issuing fines, imposing community orders, or dealing with offences by means of a discharge. In more serious cases, where magistrates consider that their sentencing powers are insufficient, they can send 'either-way' offenders to the Crown Court for sentencing.

    All criminal cases begin in a magistrates' court. The most serious cases (for example murder, rape, etc) are sent to the Crown Court, although magistrates' will often decide on issues such as bail and any preliminary matters. Lesser offences, including all summary only offences and some either-way offences will be dealt with entirely in the magistrates' court. A wide range of other legal matters are within the remit of magistrates, such as matters relating to licensing and debt collection, for example. In the past, magistrates have been responsible for granting licences to sell alcohol; this function is now exercised by local councils, although there is a right of appeal to the magistrates' court. Magistrates are also responsible for granting orders such as search warrants to the police and other authorities. It used to be a requirement that they live within a 15-mile (24 km) radius of the area they preside over (the commission area) in case they are needed to sign a warrant after hours. However, commission areas were replaced with Local Justice Areas by the Courts Act 2003, meaning magistrates no longer need to live within 15 miles (24 km), although, in practice, many still do. Section 7 of the Courts Act 2003 states that "There shall be a commission of the peace for England and Wales—…b) addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for England and Wales". Thus, every magistrate in England and Wales may act as a magistrate anywhere in England or Wales.

    There are two types of magistrates in England and Wales: Justices of the Peace, and District Judges (formerly known as stipendiary magistrates). Justices of the peace (JPs) are trained volunteers appointed from the local community; the nature of their role means that it is not necessary for them to be legally qualified, but they do have the assistance of a legally qualified adviser in Court. JPs require intelligence, common sense, integrity, and the capacity to act fairly. They are selected by a local advisory committee and only recommended to the Lord Chancellor for appointment if they can demonstrate the six key qualities required of a judicial office holder, these are: (a) good character, (b) commitment and reliability, (c) social awareness, (d) sound judgement, (e) understanding and communication and (f) maturity and sound temperament. Membership is widely spread throughout the area covered and drawn from all walks of life. Police officers, traffic wardens, RSPCA employees and certain other categories of employees, as well as their close relatives, will not be appointed, nor will those convicted of certain criminal offences including recent minor offences.

    All new justices of the peace undergo comprehensive training before sitting. There is a mentoring programme to help guide new appointees (mentors are …

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    Magistrate, or chief magistrate, is also a common translation of the Chinese xianzhang (县长/縣長 literally: county leader) the political head of a county or xiàn/hsien (县/縣) which ranks in the third level of the administrative hierarchy of China. Magistrates are also the administrative heads of government of counties during the Republican era. The county magistrate elections are heavily and sometimes bitterly contested, and are often a stepping-stone to higher office. The translation dates from imperial China in which the county magistrate was the lowest official in the imperial Chinese bureaucracy and had judicial in addition to administrative functions.

    After losing the Chinese Civil War, county magistrate elections in the Republic of China were first open to election in the 1960s and, before the end of martial law in 1991, were the highest elected position of any real power, and hence, the focus of election campaigns by the Tangwai movement. The magistrates became the first level head of government after the central government reduced provincial powers in 1998. In the People's Republic of China, the county leader is elected by the local people's congress but the process is controlled by the Communist Party.
    In Russia, magistrates (justices of the peace) handle minor criminal cases where imprisonment is for less than three years such as slander, petty hooliganism, public drunkenness, and serious traffic violations of a non-criminal nature, minor civil cases such as simple divorces, some property cases, disputes over land, and some labor cases, as well as some federal administrative law cases.

    The magistrates are the only judges of the regional level within the judiciary of Russia. All other courts, including the district courts, are federal, as they are financed from the federal budget and their judges are appointed by the president of Russia, while the magistrates are financed from the regional budgets and are usually appointed by regional legislatures or elected by the population of a judicial district .
    In Switzerland, magistrate is a designation for the persons holding the most senior executive and judicial offices. On the federal level, the members of the Federal Council, the Federal Chancellor, and the judges on the Federal Supreme Court are called magistrates. The designation of magistrate is not a title or style. It does not, by itself, confer any particular privileges.
    In Siam, the position of yakkrabutr (ยกกระบัตร) is similar to that of the magistrate and was given to palace officials sent to provincial capitals to administers law and ensure justice on behalf of the monarch. The position was phased out and reformed into the position of prosecutor in 1916 during the reign of Rama VI.
    In Kenya, there are five categories of magistrates, namely resident magistrate, senior resident magistrate, principal magistrate, senior principal magistrate and chief magistrate. Chief magistrate is the highest ranking among magistrates and also assumes administrative control of magistrate courts in his or her jurisdiction. A chief magistrate has jurisdiction in a dispute that does not exceed seven million Kenya shillings. For senior principal magistrates, the limit is in disputes not exceeding five million Kenya shillings; for principal magistrates it is disputes not exceeding four million Kenya shillings. Senior resident magistrates have jurisdiction in disputes not exceeding three million Kenya shillings and resident magistrates in disputes not exceeding two million Kenya shillings.

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