Collection GB 0074 PS/WES - WESTMINSTER MAGISTRATES COURT

Identity area

Reference code

GB 0074 PS/WES

Title

WESTMINSTER MAGISTRATES COURT

Date(s)

  • 1896-1943 (Creation)

Level of description

Collection

Extent and medium

19.45 linear metres (360 volumes).

Context area

Name of creator

Biographical history

An Act of 1792 established seven 'Public Offices' (later Police offices and Police courts) in the central Metropolitan area. The aim was to establish fixed locations where 'fit and able magistrates' would attend at fixed times to deal with an increasing number of criminal offences.

Offices were opened in St Margaret Westminster, St James Westminster, Clerkenwell, Shoreditch, Whitechapel, Shadwell and Southwark. An office in Bow Street, Covent Garden, originally the home of the local magistrate, had been operating for almost 50 years and was largely the model for the new offices.

In 1800 the Marine Police Office or Thames Police Office, opened by 'private enterprise' in 1798, was incorporated into the statutory system. In 1821 an office was opened in Marylebone, apparently replacing the one in Shadwell.

Each office was assigned three Justices of the Peace. They were to receive a salary of £400 per annum. These were the first stipendiary magistrates. Later they were expected to be highly qualified in the law, indeed, to be experienced barristers. This distinguished them from the local lay justices who after the setting up of Police Offices were largely confined, in the Metropolitan area, to the licensing of innkeepers. In addition each office could appoint up to six constables to be attached to it.

The commonly used term of 'Police Court' was found to be misleading. The word 'police' gave the impression that the Metropolitan Police controlled and administered the courts. This was never the case, the word 'police' was being used in its original meaning of 'pertaining to civil administration', 'regulating', etc.

In April 1965 (following the Administration of Justice Act 1964) the London Police Courts with their stipendiary magistrates were integrated with the lay magistrates to form the modern Inner London Magistrates' Courts.

The police courts dealt with a wide range of business coming under the general heading of 'summary jurisdiction', i.e. trial without a jury. The cases heard were largely criminal and of the less serious kind. Over the years statutes created many offences that the courts could deal with in addition to Common Law offences. Examples include: drunk and disorderly conduct, assault, theft, begging, possessing stolen goods, cruelty to animals, desertion from the armed forces, betting, soliciting, loitering with intent, obstructing highways, and motoring offences. Non-criminal matters included small debts concerning income tax and local rates, landlord and tenant matters, matrimonial problems and bastardy.

Offences beyond the powers of the Court would normally be passed to the Sessions of the Peace or Gaol Delivery Sessions in the Old Bailey (from 1835 called the Central Criminal Court). From the late 19th century such cases would be the subject of preliminary hearings or committal proceedings in the magistrates' courts.

Outside the London Police Court Area but within the administrative county of Middlesex lay justices continued to deal with both criminal offences and administrative matters such as the licensing of innkeepers.

The exact area covered by a Court at any particular time can be found in the Kelly's Post Office London Directories, available on microfilm at LMA. The entries are based on the original Orders-in-Council establishing police court districts. A map showing police court districts is kept in the Information Area of LMA with other reference maps. Please ask a member of staff for assistance.

Archival history

GB 0074 PS/WES 1896-1943 Collection 19.45 linear metres (360 volumes). Westminster Magistrates Court

An Act of 1792 established seven 'Public Offices' (later Police offices and Police courts) in the central Metropolitan area. The aim was to establish fixed locations where 'fit and able magistrates' would attend at fixed times to deal with an increasing number of criminal offences.

Offices were opened in St Margaret Westminster, St James Westminster, Clerkenwell, Shoreditch, Whitechapel, Shadwell and Southwark. An office in Bow Street, Covent Garden, originally the home of the local magistrate, had been operating for almost 50 years and was largely the model for the new offices.

In 1800 the Marine Police Office or Thames Police Office, opened by 'private enterprise' in 1798, was incorporated into the statutory system. In 1821 an office was opened in Marylebone, apparently replacing the one in Shadwell.

Each office was assigned three Justices of the Peace. They were to receive a salary of £400 per annum. These were the first stipendiary magistrates. Later they were expected to be highly qualified in the law, indeed, to be experienced barristers. This distinguished them from the local lay justices who after the setting up of Police Offices were largely confined, in the Metropolitan area, to the licensing of innkeepers. In addition each office could appoint up to six constables to be attached to it.

The commonly used term of 'Police Court' was found to be misleading. The word 'police' gave the impression that the Metropolitan Police controlled and administered the courts. This was never the case, the word 'police' was being used in its original meaning of 'pertaining to civil administration', 'regulating', etc.

In April 1965 (following the Administration of Justice Act 1964) the London Police Courts with their stipendiary magistrates were integrated with the lay magistrates to form the modern Inner London Magistrates' Courts.

The police courts dealt with a wide range of business coming under the general heading of 'summary jurisdiction', i.e. trial without a jury. The cases heard were largely criminal and of the less serious kind. Over the years statutes created many offences that the courts could deal with in addition to Common Law offences. Examples include: drunk and disorderly conduct, assault, theft, begging, possessing stolen goods, cruelty to animals, desertion from the armed forces, betting, soliciting, loitering with intent, obstructing highways, and motoring offences. Non-criminal matters included small debts concerning income tax and local rates, landlord and tenant matters, matrimonial problems and bastardy.

Offences beyond the powers of the Court would normally be passed to the Sessions of the Peace or Gaol Delivery Sessions in the Old Bailey (from 1835 called the Central Criminal Court). From the late 19th century such cases would be the subject of preliminary hearings or committal proceedings in the magistrates' courts.

Outside the London Police Court Area but within the administrative county of Middlesex lay justices continued to deal with both criminal offences and administrative matters such as the licensing of innkeepers.

The exact area covered by a Court at any particular time can be found in the Kelly's Post Office London Directories, available on microfilm at LMA. The entries are based on the original Orders-in-Council establishing police court districts. A map showing police court districts is kept in the Information Area of LMA with other reference maps. Please ask a member of staff for assistance.

Deposited in July 2006.

Records of Westminster Magistrates Court, 1896-1943, including court registers; rates registers; means enquiry summonses; summonses indexes; Married Women Act orders; bastardy complaints and letter book.

Court registers record the date of the hearing, the name of the informant or complainant (often the police), the name of the defendant, a brief note of the offence and the decision of the magistrate. Court minute books or notebooks are rough notes of the proceedings recording the gist of the evidence given.

Domestic proceedings: A married woman under the provisions of the Summary Jurisdiction (Married Women) Act 1895 and subsequent Acts could go to a magistrates' court and apply for orders which in certain circumstances would enable her to separate from her husband, have custody of any children and receive maintenance from him. Under the Poor Law Amendment Act 1844 a mother expecting a bastard child or who had given birth to one could obtain a maintenance order against the putative father.

Court Registers (PS/WES/A); Domestic Proceedings (PS/WES/D); Office Files (PS/WES/E).

These records are available for public inspection, although records containing personal information are subject to access restrictions under the UK Data Protection Act, 1998.

Copyright to these records rests with the depositor.

English

Fit

Please see online catalogues at: http://search.lma.gov.uk/opac_lma/index.htm

Compiled in compliance with General International Standard Archival Description, ISAD(G), second edition, 2000; National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997.

November 2009 to February 2010 Legal history Finance Fiscal policy Taxation Local taxation Law Legal systems Magistrates courts Courts Information sources Records and correspondence Records (documents) Court records Court papers Legal procedure Administration of justice Court administration Family law Civil law Magistrates Legal profession personnel Personnel People by occupation People Westminster Magistrates Court City of Westminster London England UK Western Europe Europe Westminster

Immediate source of acquisition or transfer

Deposited in July 2006.

Content and structure area

Scope and content

Records of Westminster Magistrates Court, 1896-1943, including court registers; rates registers; means enquiry summonses; summonses indexes; Married Women Act orders; bastardy complaints and letter book.

Court registers record the date of the hearing, the name of the informant or complainant (often the police), the name of the defendant, a brief note of the offence and the decision of the magistrate. Court minute books or notebooks are rough notes of the proceedings recording the gist of the evidence given.

Domestic proceedings: A married woman under the provisions of the Summary Jurisdiction (Married Women) Act 1895 and subsequent Acts could go to a magistrates' court and apply for orders which in certain circumstances would enable her to separate from her husband, have custody of any children and receive maintenance from him. Under the Poor Law Amendment Act 1844 a mother expecting a bastard child or who had given birth to one could obtain a maintenance order against the putative father.

Appraisal, destruction and scheduling

Accruals

System of arrangement

Court Registers (PS/WES/A); Domestic Proceedings (PS/WES/D); Office Files (PS/WES/E).

Conditions of access and use area

Conditions governing access

These records are available for public inspection, although records containing personal information are subject to access restrictions under the UK Data Protection Act, 1998.

Conditions governing reproduction

Copyright to these records rests with the depositor.

Language of material

  • English

Script of material

  • Latin

Language and script notes

English

Physical characteristics and technical requirements

Finding aids

Please see online catalogues at: http://search.lma.gov.uk/opac_lma/index.htm

Allied materials area

Existence and location of originals

Existence and location of copies

Related units of description

Related descriptions

Notes area

Alternative identifier(s)

Access points

Place access points

Name access points

Genre access points

Description control area

Description identifier

Institution identifier

London Metropolitan Archives

Rules and/or conventions used

Compiled in compliance with General International Standard Archival Description, ISAD(G), second edition, 2000; National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997.

Status

Level of detail

Dates of creation revision deletion

Language(s)

  • English

Script(s)

    Sources

    Accession area