In Sri Lanka, a Justice of the Peace and Unofficial magistrate (also known as Acting magistrate) is a judicial appointment made by the Minister of Justice to a particular jurisdiction under the Judicature Act No 02 of 1978. An Unofficial magistrate is a senior Attorney at law (with 15 years or more practice), who is a Justice of the Peace and has the powers and authority vested in a Magistrate except the power to hear, try, or determine civil or criminal cases. Persons appointed as Unofficial magistrates may use the post-nominal JP, UM.[1][2]
Commonly found in magistrate courts in remote areas where there are only one Magistrate and/or Additional Magistrate, it is a nominal position awarded to a senior lawyer of the court, who as the unofficial magistrate site on behalf of the magistrate in his/her absence and postpone hearings to a later date, grant bail and remand arrested suspects pending magisterial inquiry.
The post was formally known as Justice of the Peace and Un-Official Police Magistrate (JP UPM) when the magistrate courts were known as police magistrate courts. Under the Ordinance No. 16 on 1865 section 28, unofficial magistrates had powers to appoint persons to the special police reserve, where requested to do by a Superintendent of Police or an Assistant Superintendent of Police. These powers were used during the 1915 riots.[3]
Municipalitiesedit
Under the provisions of the Municipal Councils Ordinance, the Mayor and Deputy Mayor of a Municipal Council are ex-official Justice of the Peace and Unofficial magistrate for the administrative district in which the Municipality is situated. This would be to cover the functions of the Municipal Magistrate Court in the absence of the Magistrate assigned to it.[4]
Criticismedit
Although unofficial magistrates have the power to grant bail, accusations have been made that certain lawyers presiding as unofficial magistrates have granted bail to their clients.[5]
unofficial, magistrate, lanka, justice, peace, also, known, acting, magistrate, judicial, appointment, made, minister, justice, particular, jurisdiction, under, judicature, 1978, senior, attorney, with, years, more, practice, justice, peace, powers, authority,. In Sri Lanka a Justice of the Peace and Unofficial magistrate also known as Acting magistrate is a judicial appointment made by the Minister of Justice to a particular jurisdiction under the Judicature Act No 02 of 1978 An Unofficial magistrate is a senior Attorney at law with 15 years or more practice who is a Justice of the Peace and has the powers and authority vested in a Magistrate except the power to hear try or determine civil or criminal cases Persons appointed as Unofficial magistrates may use the post nominal JP UM 1 2 Commonly found in magistrate courts in remote areas where there are only one Magistrate and or Additional Magistrate it is a nominal position awarded to a senior lawyer of the court who as the unofficial magistrate site on behalf of the magistrate in his her absence and postpone hearings to a later date grant bail and remand arrested suspects pending magisterial inquiry Contents 1 History 2 Municipalities 3 Criticism 4 Notable appointees 5 See also 6 ReferencesHistory editThe post was formally known as Justice of the Peace and Un Official Police Magistrate JP UPM when the magistrate courts were known as police magistrate courts Under the Ordinance No 16 on 1865 section 28 unofficial magistrates had powers to appoint persons to the special police reserve where requested to do by a Superintendent of Police or an Assistant Superintendent of Police These powers were used during the 1915 riots 3 Municipalities editUnder the provisions of the Municipal Councils Ordinance the Mayor and Deputy Mayor of a Municipal Council are ex official Justice of the Peace and Unofficial magistrate for the administrative district in which the Municipality is situated This would be to cover the functions of the Municipal Magistrate Court in the absence of the Magistrate assigned to it 4 Criticism editAlthough unofficial magistrates have the power to grant bail accusations have been made that certain lawyers presiding as unofficial magistrates have granted bail to their clients 5 Notable appointees editSir Razik Fareed OBE JP UM Gate Mudaliyar Edmund Peiris JP UM Sam J C Kadirgamar Sr JP UM James Aubrey Martensz CBE JP UM T Rudra JP UM T G Gooneratne JP UMSee also editMagistrate s Courts of Sri Lanka Unofficial BarReferences edit Justices of the Peace and Unofficial Magistrates permanent dead link Contact Details of Justice of the peace Unofficial Magistrate in Sri Lanka Archived from the original on 2016 03 04 Retrieved 2013 07 21 What caused the rift between D S and Sir Baron The Legal System of Ceylon in Its Historical Setting Appointment of unofficial magistrates Justice of the Peace and Unofficial Magistrate Retrieved from https en wikipedia org w index php title Unofficial magistrate amp oldid 1173662198, wikipedia, wiki, book, books, library,
