Tipstaff
Encyclopedia
The Tipstaff is an officer of a court
or, in some countries, a law clerk
to a judge. The duties of the position vary from country to country.
l with all hys tippe staues”. It is a position of both law enforcement and ceremonial duties.
An earlier mention of tipstaff is in 1555 when the Rev'd Dr Rowland Taylor
was burned at the stake during the reign of Queen Mary I
for his religious views that were contrary to those of the Archbishop of Canterbury
Cranmer
and Lord Chancellor
Gardiner
. In Foxe's Book of Martyrs
it states that Dr Taylor would have spoken to the people but as soon as he opened his mouth the yeoman of the guard thrust a tipstaff into his mouth, and would in no wise permit him to speak. This is also quoted in the book Five English Reformers by J. C. Ryle
The name originates from the early law enforcements officers who would apprehend a person intended for arrest by enforcing their duty, if necessary, with a tipped staff or stave. The staff was made of wood or metal or both, topped with a crown. The crown, which unscrewed, was removed to reveal a warrant
of arrest inside the hollow staff. Some staffs were definitely a means of protection and this is where the present day policeman’s truncheon
originates.
Examples remain at the Royal Courts of Justice
and the Metropolitan Police
museum in London
and vary depending on the type and rank of officer. These tipstaves were first carried in the late 18th and early 19th centuries. When detectives (in plain clothes) were first authorized the tipstaves issued to plain clothes officers from 1867 were re-issued in 1870 engraved "Metropolitan Police officer in plain clothes".
The staff kept at the Royal Courts of Justice is now only used on ceremonial occasions. It is 12 inches in length and made of ebony decorated with a silver crown and three bands of silver engraved with the Royal Arms at the top. Around the middle is inscribed “AMOS HAWKINS, TIPSTAFF COURTS OF CHANCERY” and around the bottom is inscribed “Appointed 14th January, 1884, by the Rt. Hon. The Earl of Selborne
, L.C.
” with another coats of Royal Arms. The date was that on which this staff was first used, soon after the Law Courts were opened. Prior to 1884, each Tipstaff had his own staff, which he retained when he retired.
is known either as "Associate" (in the Federal Court of Australia
and the High Court of Australia
) or "Tipstaff" (in the Supreme Courts of each State). The positions usually run for one-year, although they are sometimes extended to two years.
The duties of associates and tipstaves can include research, reviewing draft judgments and providing feedback or criticism to the judge, reading and summarising court materials, attending to the judge in court, and also assisting with chambers, administrative or personal tasks. On occasion, some associates and tipstaves are asked to write draft judgments, or parts of judgments. However, these duties can vary between different courts, and also depend on the individual judge.
In the High Court, each of the seven High Court judges has two associates at any given time. Usually, one associate is based permanently in Canberra
, the capital of Australia
and the seat of the Court, and one travels with the judge when the Court is on circuit to the other capital cities of Australia. The travelling associate in practice is usually based in the judge's home city. Associateships at the High Court are extremely competitive and usually go to the top graduates from the top law schools of Australia. Each judge has his or her own method for interviewing and appointing associates. Previous associates have written that the nature of the associate's role is different from that of a law clerk in the United States.
The judges of the Federal Court and the Supreme Courts of each State (and Territory) have one associate each. These positions are also very competitive.
There are also research positions available at the superior courts in Australia and the High Court. These positions are similarly staffed by recent law graduates and young lawyers.
. It is the latter to which this section refers.
The High Court Tipstaff may appoint three assistants and can call on any constable
, bailiff
or member of the public to assist in carrying out their duties and their jurisdiction extends throughout England & Wales. They are authorised to force entry if necessary and will have a police officer present to prevent breach of the peace. The relevant territorial police force
are informed of arrests.
Sometimes a local bailiff or police will detain a person in custody until the Tipstaff arrives to collect him and take him to court or prison. Pentonville Prison (for civil offenders) is obliged to take into custody‚ no matter the situation‚ any people taken there by the Tipstaff. Tipstaff may make the same demands of the custody suite within the RCJ itself, and they are obliged to take into custody any individual brought to them by him.
The Tipstaff heads the Lord Chancellor and judges in a procession at the start of the new legal year‚ preceding them with his staff as a symbol of authority and law enforcement. They also lead the Lord Mayor from his golden coach to the Lord Chief Justice’s Court for the "swearing in" of the Lord Mayor‚ afterwards attending the Lord Mayor’s Banquet having led the Lord Chancellor into the Guildhall. The black uniform‚ only worn on ceremonial occasions‚ is based on that of a Victorian police inspector. They wear a black hat with gold braid trimmings and jacket with silver buttons‚ a wing collar with a white bow tie and white gloves. The Tipstaff is the only person authorised to make an arrest within the precincts of the Royal Courts of Justice.
Every applicable order made in the High Court is addressed to the Tipstaff:
(as in the case of making an arrest). The majority of their work involves taking children into custody (i.e. a place of safety)‚ including cases of child abduction
abroad.
In child abduction cases, there may be a 'seek and locate' order backed by a bench warrant ordering any person with knowledge of the child to give that information to the Tipstaff or his deputy or assistants. Related orders may require the alleged abductor to hand his passport and other travel documents to the Tipstaff, and order the Tipstaff to take the child and deliver him/her to a designated place. There may also be a 'port alert' executed by the Tipstaff, to help prevent the child being taken abroad.
In the case of children who have been declared a ward of court i.e. cases where the court is acting in loco parentis
the Tipstaff has a role in ensuring that those children are delivered to the locations specified by the court.
, the Tipstaff is called a Tipstave and is responsible for courtroom decorum. His position is similar to that of a bailiff
. The Civil Division of the Municipal Court of Philadelphia employs Tipstaves as clerks to the court.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
or, in some countries, a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
to a judge. The duties of the position vary from country to country.
History
The office of the Tipstaff is thought to have been created in the 14th century. One of the earliest records of the Tipstaff was mentioned in 1570: “The Knight MarshalKnight Marshal
The Knight Marshal is a former office in the British Royal Household established by King Henry III in 1236. The position later became a Deputy to the Earl Marshal from the reign of Henry VIII until the office was abolished in 1846 ....
l with all hys tippe staues”. It is a position of both law enforcement and ceremonial duties.
An earlier mention of tipstaff is in 1555 when the Rev'd Dr Rowland Taylor
Rowland Taylor
Rowland Taylor was an English Protestant martyr during the Marian Persecutions....
was burned at the stake during the reign of Queen Mary I
Mary I of England
Mary I was queen regnant of England and Ireland from July 1553 until her death.She was the only surviving child born of the ill-fated marriage of Henry VIII and his first wife Catherine of Aragon. Her younger half-brother, Edward VI, succeeded Henry in 1547...
for his religious views that were contrary to those of the Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
Cranmer
Thomas Cranmer
Thomas Cranmer was a leader of the English Reformation and Archbishop of Canterbury during the reigns of Henry VIII, Edward VI and, for a short time, Mary I. He helped build a favourable case for Henry's divorce from Catherine of Aragon which resulted in the separation of the English Church from...
and Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
Gardiner
Stephen Gardiner
Stephen Gardiner was an English Roman Catholic bishop and politician during the English Reformation period who served as Lord Chancellor during the reign of Queen Mary I of England.-Early life:...
. In Foxe's Book of Martyrs
Foxe's Book of Martyrs
The Book of Martyrs, by John Foxe, more accurately Acts and Monuments, is an account from a Protestant point of view of Christian church history and martyrology...
it states that Dr Taylor would have spoken to the people but as soon as he opened his mouth the yeoman of the guard thrust a tipstaff into his mouth, and would in no wise permit him to speak. This is also quoted in the book Five English Reformers by J. C. Ryle
The name originates from the early law enforcements officers who would apprehend a person intended for arrest by enforcing their duty, if necessary, with a tipped staff or stave. The staff was made of wood or metal or both, topped with a crown. The crown, which unscrewed, was removed to reveal a warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
of arrest inside the hollow staff. Some staffs were definitely a means of protection and this is where the present day policeman’s truncheon
Truncheon
Truncheon may refer to:*Baton *Cutting , means of plant propagation used by gardeners*HMS Truncheon , a British submarine commissioned during Word War II and later sold to Israel...
originates.
Examples remain at the Royal Courts of Justice
Royal Courts of Justice
The Royal Courts of Justice, commonly called the Law Courts, is the building in London which houses the Court of Appeal of England and Wales and the High Court of Justice of England and Wales...
and the Metropolitan Police
Metropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
museum in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
and vary depending on the type and rank of officer. These tipstaves were first carried in the late 18th and early 19th centuries. When detectives (in plain clothes) were first authorized the tipstaves issued to plain clothes officers from 1867 were re-issued in 1870 engraved "Metropolitan Police officer in plain clothes".
The staff kept at the Royal Courts of Justice is now only used on ceremonial occasions. It is 12 inches in length and made of ebony decorated with a silver crown and three bands of silver engraved with the Royal Arms at the top. Around the middle is inscribed “AMOS HAWKINS, TIPSTAFF COURTS OF CHANCERY” and around the bottom is inscribed “Appointed 14th January, 1884, by the Rt. Hon. The Earl of Selborne
Roundell Palmer, 1st Earl of Selborne
Roundell Palmer, 1st Earl of Selborne PC , was a British lawyer and politician. He served twice as Lord Chancellor of Great Britain.-Background and education:...
, L.C.
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
” with another coats of Royal Arms. The date was that on which this staff was first used, soon after the Law Courts were opened. Prior to 1884, each Tipstaff had his own staff, which he retained when he retired.
Australia
In Australia, the position equivalent to a law clerkLaw clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
is known either as "Associate" (in the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
and the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
) or "Tipstaff" (in the Supreme Courts of each State). The positions usually run for one-year, although they are sometimes extended to two years.
The duties of associates and tipstaves can include research, reviewing draft judgments and providing feedback or criticism to the judge, reading and summarising court materials, attending to the judge in court, and also assisting with chambers, administrative or personal tasks. On occasion, some associates and tipstaves are asked to write draft judgments, or parts of judgments. However, these duties can vary between different courts, and also depend on the individual judge.
In the High Court, each of the seven High Court judges has two associates at any given time. Usually, one associate is based permanently in Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
, the capital of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and the seat of the Court, and one travels with the judge when the Court is on circuit to the other capital cities of Australia. The travelling associate in practice is usually based in the judge's home city. Associateships at the High Court are extremely competitive and usually go to the top graduates from the top law schools of Australia. Each judge has his or her own method for interviewing and appointing associates. Previous associates have written that the nature of the associate's role is different from that of a law clerk in the United States.
The judges of the Federal Court and the Supreme Courts of each State (and Territory) have one associate each. These positions are also very competitive.
There are also research positions available at the superior courts in Australia and the High Court. These positions are similarly staffed by recent law graduates and young lawyers.
England and Wales
There are currently two Tipstaves in England and Wales: one is an officer of the Royal Borough of Kingston and the other an officer of the High Court of England and Wales, appointed under section 27 of the Courts Act 1971Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....
. It is the latter to which this section refers.
The High Court Tipstaff may appoint three assistants and can call on any constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
, bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
or member of the public to assist in carrying out their duties and their jurisdiction extends throughout England & Wales. They are authorised to force entry if necessary and will have a police officer present to prevent breach of the peace. The relevant territorial police force
Territorial police force
The phrase Territorial Police Force varies in precise meaning according to the country to which it is related, generally distinguishing a force whose area of responsibility is defined by sub-national boundaries from others which deal with the entire country or a restricted range of...
are informed of arrests.
Sometimes a local bailiff or police will detain a person in custody until the Tipstaff arrives to collect him and take him to court or prison. Pentonville Prison (for civil offenders) is obliged to take into custody‚ no matter the situation‚ any people taken there by the Tipstaff. Tipstaff may make the same demands of the custody suite within the RCJ itself, and they are obliged to take into custody any individual brought to them by him.
The Tipstaff heads the Lord Chancellor and judges in a procession at the start of the new legal year‚ preceding them with his staff as a symbol of authority and law enforcement. They also lead the Lord Mayor from his golden coach to the Lord Chief Justice’s Court for the "swearing in" of the Lord Mayor‚ afterwards attending the Lord Mayor’s Banquet having led the Lord Chancellor into the Guildhall. The black uniform‚ only worn on ceremonial occasions‚ is based on that of a Victorian police inspector. They wear a black hat with gold braid trimmings and jacket with silver buttons‚ a wing collar with a white bow tie and white gloves. The Tipstaff is the only person authorised to make an arrest within the precincts of the Royal Courts of Justice.
Every applicable order made in the High Court is addressed to the Tipstaff:
(as in the case of making an arrest). The majority of their work involves taking children into custody (i.e. a place of safety)‚ including cases of child abduction
Child abduction
Child abduction or Child theft is the unauthorized removal of a minor from the custody of the child's natural or legally appointed guardians....
abroad.
In child abduction cases, there may be a 'seek and locate' order backed by a bench warrant ordering any person with knowledge of the child to give that information to the Tipstaff or his deputy or assistants. Related orders may require the alleged abductor to hand his passport and other travel documents to the Tipstaff, and order the Tipstaff to take the child and deliver him/her to a designated place. There may also be a 'port alert' executed by the Tipstaff, to help prevent the child being taken abroad.
In the case of children who have been declared a ward of court i.e. cases where the court is acting in loco parentis
In loco parentis
The term in loco parentis, Latin for "in the place of a parent"" refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent...
the Tipstaff has a role in ensuring that those children are delivered to the locations specified by the court.
Northern Ireland
Tipstaffs and Court Criers in Northern Ireland have no enforcement role, and act as personal assistants to High Court and County Court judges.United States
In some states of the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the Tipstaff is called a Tipstave and is responsible for courtroom decorum. His position is similar to that of a bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
. The Civil Division of the Municipal Court of Philadelphia employs Tipstaves as clerks to the court.