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justices' clerk
A justices' clerk is an official of the magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace (also known as magistrates).
== History ==
The office of justices’ clerk (or clerk to the justices) is historically linked with the development of the office of justice of the peace in England and Wales from the 12th century. The Justices of the Peace Act of 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".〔 Justices of the Peace Act 1361. ()〕 Originally known as "clerk of the peace", "clerk of the justices" or "clerk of the keepers of the peace", the clerk who assisted the justices at Quarter Sessions was required to act as a record keeper and, being a lawyer, to provide legal advice to justices of the peace. However, from Tudor times many justices used their personal servants as their legal advisers out of Quarter Sessions and, in the 19th century, many benches were using local solicitors to advise them in their Petty Sessions work. In 1848, as the summary jurisdiction of justices began to expand at Petty Sessions, so the importance of the role of justices' clerk increased and in 1851 an Act of Parliament allowed justices' clerks' fees to be paid out of public funds for the first time. By the 20th century, there was a preponderance of part-time clerks, which was criticised by the report of the Roche Committee in 1944. This report led to the Justices of the Peace Act 1949 and a move towards full-time clerks.〔Sir Thomas Skyrme, ''History of the Justices of the Peace'', vols 1–3.〕〔Report of the Roche Committee Report, Cmnd 6507, HMSO.〕
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