Resident Magistrate

A resident magistrate is a title for magistrates used in certain parts of the world, that were, or are, governed by the British. Sometimes abbreviated as RM, it refers to suitably qualified personnel – notably well versed in the law – brought into an area from outside as the local magistrate, typically to be the guiding hand amongst other lay magistrates.

In colonial history, resident magistrates have had gubernatorial functions in a few minor, isolated colonial settlements, such as:

Resident magistrates' courts remain in operation as one of the divisions of the judiciary of Jamaica, hearing civil and criminal cases in each parish of the island.

In pre-independence Ireland, a Resident Magistrate was a stipendary magistrate appointed to a county (outside of the Dublin Metropolitan Police District) to sit among the justices of the peace at Petty Sessions in that county. They were appointed by the Lord Lieutenant of Ireland (in reality, therefore, by the Dublin Castle administration in Ireland).

The role of resident magistrate was created on a somewhat trial basis in 1814, and extended to the entire country by the Constabulary (Ireland) Act 1836. The resident magistrate was supposed to sit amongst the justices at Petty Sessions – the courts of summary jurisdiction in pre-independence Ireland – and guide the justices to apply the law imparitally. In reality they came to preside at Petty Sessions, and even sit alone without justices. RMs did not need to be legally trained in pre-independence Ireland, and many were ex-British Army officers. The "Resident" referred to the requirement that the magistrate live in the county to which he was assigned.

The role was often criticised as being under the influence of the Dublin Castle administration, and Irish politicians often cited the "RM" as really standing for "Removable Magistrate", since they held office at the Lord Lieutenant's pleasure and could be removed.

The office of RM was unique in the United Kingdom to Ireland, and in the 20th century, led to the modern position in both Northern Ireland and the Republic of Ireland whereby courts of summary jurisdiction (the District Court in the Republic and Magistrates' Courts in Northern Ireland), are composed of legally qualified district judges sitting alone. This is in sharp contrast to England and Wales where magistrates courts mainly consist of benches of three lay justices and there are only a minority of paid district judges (magistrates courts). In Scotland Justice of the Peace Courts are also primarily staffed by lay magistrates.

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