What is the Difference Between a Magistrate and A Notary Public in England? 

Magistrates and notary publics are professionals who perform legal operations for members of the public. While both perform various functions, they are very different entities that can help your business in different ways. A notary public’s main duties are to authenticate contracts to ensure they are legally enforceable. Meanwhile, magistrates are court-appointed officials who provide judicial decisions for lesser criminal and civil cases brought to the magistrates’ court. This article will describe the differences between the two entities and go into greater detail about how and when you might need to use both. 

What is a Magistrate? 

A magistrate is a person who hears court cases in their community. Courts employ them to make fair decisions on the outcome of legal proceedings. They typically receive advice on points of law from a legal advisor but will be the final decision maker in a legal case. Magistrates will usually operate in what’s known as a magistrates’ court and can also oversee cases in the youth courts. 

What Do Magistrates Do? 

Magistrates generally deal with criminal, family law, and youth court proceedings. In criminal cases, magistrates will generally deal with summary crimes which are less serious criminal offences, including: 

• minor theft cases;
• criminal damage offences; and 
• public disorder offences. 

Magistrates, now officially called Justices of the Peace in England and Wales, can award unlimited fines, community service, or prison sentences for up to six months or 12 months for more than one crime. 

Types of Magistrates 

The two types of magistrates in England are a:

• lay magistrate; and
• district judge (also known as a stipendiary magistrate). 

Lay magistrates are qualified lawyers but are volunteers elected by members of the community. They sit in groups of three and preside over criminal cases brought to the magistrates’ court. On the other hand, district judges are full-time legal professionals who often receive payment for their services and can sit alone, unlike a lay magistrate. 

You may think of magistrates as holding a similar position to a judge, but there is a big difference. Magistrates are judicial officers who handle minor cases in a specific town or community. Judges are qualified barristers who have much more authority than a magistrate and will typically have greater powers to enforce the law. Judges work on much more severe cases and can award greater fines and sentences than a magistrate. 

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What is a Notary Public? 

For example, if you want to sign a deed or a statutory declaration, you should hire a notary public to authenticate that document. The subsequent contract will be legally enforceable in most jurisdictions around the world. Notaries can also conduct general legal services, but cannot operate in court proceedings. Typically notaries will also work as conveyancers and probate solicitors, overseeing the legal transfer of property from one person to another. 

Why Do I Need a Notary Public? 

Businesses that sign commercial contracts may require a notary public’s services. For example, businesses working in large financial transactions will need to certify and attest to the legal validity of the signatures they provide on their contracts. Valid signatures are essential to ensure the contract is legal and enforceable.  

Therefore, a notary public can provide official certification that the correct parties have signed your contractual documents. A notary will usually attest to the signatures by providing their signature and stamp on a document. This is known as legalisation and means a document is legally enforceable in other jurisdictions. 

How Do Notary Publics Operate?

You need to book an appointment with a notary public to authenticate a document. You can find notaries near you through the Notary Society.

All parties signing the contract will need to be present at the meeting with the notary public. Each individual will need to bring: 

• legal identification; 
• a copy of their power of attorney; and
• a fully agreed copy of the document they want to sign.

At the meeting, the notary will read the full contract aloud in front of the parties and require each party to sign the contract before them, with a witness signing where appropriate. If happy with the signing process, the notary will attach their seal and sign the document to authenticate that it is now legally binding. 

Key Takeaways 

Notary publics and magistrates are both legal officers who provide a service to members of the public. Many notary publics are legal practitioners that operate to attest and authenticate legally enforceable contracts. On the other hand, magistrate are legal professionals who operate in court to provide fair decisions on criminal and civil disputes. 

If you need more advice on how both operate, our experienced commercial lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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