The Justices of the Peace Act 1361 provided, amongst other things, "That in every county of England shall be assigned for the keeping of the peace, one lord and with him three or four of the most worthy of the county, with "some learned in the law", and they shall have the power to restrain the Offenders, Rioters, and all other Barators, and to pursue, arrest, take and chastise them according to their Trespass or Offence".
[4] Although their functions have changed considerably over the intervening years legal advisers remain the linchpin of magistrates' courts.
[5] A justices' clerk had the powers of a single magistrate, for example to issue a summons, adjourn proceedings, extend bail, issue a warrant for failing to surrender to bail where there is no objection on behalf of the accused, dismiss an information where no evidence is offered, request a pre-sentence report, commit a defendant for trial without consideration of the evidence and give directions in criminal and family proceedings.
In the courtroom, whether or not requested, a legal adviser must provide advice necessary for magistrates to properly perform their functions.
This includes advice on:- Additionally, in the court room, the legal adviser and his assistants may ask questions of witnesses and parties to clarify evidence and issues.
[8] Outside the court room, the legal adviser also supports the work of a bench (or benches) of magistrates by providing administrative support and advice to their various committees and meetings, is responsible for their training and development of magistrates, and assists in their pastoral care.
The Justices' Clerks' Society, the membership of which included all legal advisers, provided professional leadership for lawyers who work in the magistrates' courts by giving legal advice and guidance, and was represented on a number of national bodies and HMCTS steering and working groups.
The 2006 Regulations also enabled the Lord Chancellor to make temporary appointments of people to act as clerks in court where he was satisfied that they were, in the circumstances, suitable and that no other arrangement can reasonably be made.