Magistrate - Law Dictionary Search Results
Home Dictionary Name: magistrate Page: 3Metropolitan Police Magistrates
Metropolitan Police Magistrates. There are 25 salaried Metropolitan Police Magistrates (maximum 27) appointed by the Crown to execute the duties of justices of the peace within the Metropolitan Police District. The qualification for this office is having practised as a barrister for at least seven years. Any such magistrate can do alone any act which may be legally done by more than one justice of the peace. there is also special jurisdiction to settle disputes about wages for labour on the Thames, to deal with cases of oppressive distraint for small rents, to order delivery to the owner of goods unlawfully detained up to 15l. value, and to give possession of deserted premises to landlords (see Ston's Justices' Manual). The senior metropolitan Magistrate is ex-officio a justice for Berkshire (Indictable Offences Act, 1848). The Metropolitan Police Courts are: Bow Street, Clerkenwell, Marylebone, Marlborough Street, Westminster, Old Street, Thames, Tower Bridge, Lambeth, Greenwich, Wool...
Protection order
Protection order, means an order made in term of section 18. [Protection of Women From Domestic Violence Act, 2005, s. 2(o)]Protection Order. 1. A wife deserted by her husband may obtain from a magistrate or the Divorce Court an order to protect property acquired and to be acquired by her since desertion, as if she were a feme sole; after the order is granted, she sues and is sued as a feme sole. The husband may apply to the magistrate who made the order, or his successor, for the discharge thereof, 20 & 21 Vict. c. 85, s. 2; 27 & 28 Vict. c. 44, s. 1; 28 & 29 Vict. c. 43 (Ireland). See DESERTION; MARRIED WOMEN'S PROPERTY. 2. An order obtained under s. 88 of the Licensing Act, 1910, from the justices authorizing the transferee of a justices' licence to carry on business and to sell intoxicating liquors until the next licensing sessions....
Discharge
Discharge, to relieve of a duty. A sheriff is said to be discharged of his prisoner; a prisoner discharged from custody; a jury discharged from the cause. See next title.A rule nisi is discharged when the Court decides that it shall not be made absolute, i.e., that the party who obtained the rule nisi should take nothing, and the suit remain in statu quo. See RULE.In a warrant case instituted otherwise than on a police report, 'discharge' or 'acquittal' of accused are distinct concepts applicable to different stages of the proceedings in Court. The legal effect and incidents of 'discharge' and 'acquittal' are also different. An order of discharge in a warrant case instituted on complaint, can be made only after the process has been issued and before the charge is framed. S. 253(1) shows that as a general rule there can be no order of discharge unless the evidence of all the prosecution witnesses has been taken and the Magistrate considers for reasons to be recorded, in the light of the...
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
bind over
bind over 1 : to put under a bond to do something (as appear in court) under court authority 2 : to transfer (a case or defendant) to another forum after a finding of probable cause at a preliminary hearing NOTE: In states that require indictment by a grand jury in felony cases, a case will be bound over to the grand jury if the judge or magistrate finds at the preliminary hearing that there is probable cause to believe that the defendant committed the crime. In states that use an information, the case is bound over to the trial court upon a finding of probable cause. vi : to bind a case over [questioned the magistrate's decision to bind over] bind·over n ...
Magistratic
Of pertaining to or proceeding from a magistrate having the authority of a magistrate...
warrant
warrant [Anglo-French warant garant protector, guarantor, authority, authorization, of Germanic origin] 1 : warranty [an implied of fitness] 2 : a commission or document giving authority to do something: as a : an order from one person (as an official) to another to pay public funds to a designated person b : a writ issued esp. by a judicial official (as a magistrate) authorizing an officer (as a sheriff) to perform a specified act required for the administration of justice [a of arrest] [by of commitment] administrative warrant : a warrant (as for an administrative search) issued by a judge upon application of an administrative agency anticipatory search warrant : a search warrant that is issued on the basis of an affidavit showing probable cause that there will be certain evidence at a specific location at a future time called also anticipatory warrant arrest warrant : a warrant issued to a law enforcement officer ordering the officer to arrest and bring the person named i...
recognizance
recognizance [Anglo-French recognisance reconisance, literally, recognition, from Old French reconoisance, from reconoistre to recognize, from Latin recognoscere] 1 : an obligation entered into on the record before a court or magistrate requiring the performance of an act (as the paying of a debt) usually under penalty of a money forfeiture ;also : the sum liable to forfeiture 2 : a simple personal obligation or undertaking (as to appear in court) entered into before a magistrate and having no money penalty attached [released on his own ] ...
Court of summary jurisdiction
Court of summary jurisdiction, means the court of a Chief Presidency Magistrate or of a District Magistrate [Maintenance Orders Enforcement Act, (18 of 1921), s. 2]...
McNabb-Mallory rule
McNabb-Mallory rule [after McNabb v. United States, 318 U.S. 332 (1943) and Mallory v. United States, 354 U.S. 449 (1957), U.S. Supreme Court cases that established the rule] : a doctrine in criminal procedure: an arrestee must be brought before a magistrate without unnecessary delay in order for a confession made during detention to be admissible NOTE: In practice, the rule is not absolute. Under the U.S. Code, a delay of more than six hours in bringing an arrestee before a magistrate will not render a confession inadmissible if the delay was reasonable in light of distance and transportation. ...
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