Everything about Proctor totally explained
Proctor, an English variant of the word
procurator, is a person who takes charge of, or acts for, another. The word proctor is frequently used to describe someone who oversees an
exam or
dormitory.
The title is used in
England in three principal senses:
- In law, a proctor is an attorney or solicitor acting in some courts.
- In the church, a proctor represents the clergy in Church of England dioceses.
- In education, a Proctor is the name of important university officials in certain universities, for example at the universities of Oxford and Cambridge.
Law
Historical legal officers
A proctor was a legal practitioner in the
ecclesiastical and
admiralty courts. Historically, they were licensed by the
Archbishop of Canterbury to undertake the duties that were performed in
common law courts by
attorneys and in the courts of
equity by
solicitors. Later, the
Judicature Acts of
1873 and
1875, which created the
Supreme Court of Judicature, combined the three roles into the common profession of "solicitor of the Supreme Court".
In the admiralty courts, a proctor or procurator was an officer who, in conjunction with the King's Proctor, acted as the attorney or solicitor in all causes concerning the
Lord High Admiral's affairs in the
High Court of Admiralty and other courts. The King's Proctor so acted in all causes concerning the King.
Current legal officers
The
Queen's Proctor (or King's Proctor) is the proctor or solicitor representing the
Crown in the courts of
probate and
divorce. The office has for many years been combined with that of the Treasury Solicitor, whose formal title is Her (or His) Majesty's Procurator-General and Treasury Solicitor. In petitions of divorce, or for declaration of nullity of marriage, the Queen's Proctor may, under direction of the
Attorney General, intervene in the suit for the purpose of arguing any question that the court deems expedient to have argued. His or her powers are set out in section 8 of the
Matrimonial Causes Act of 1973), and include the power to show cause against a
decree nisi being made absolute, usually on receipt of information indicating that the court has been misled into granting a decree. (See also the Family Proceedings Rules 1991 (as amended), Rule 2.46).
Ecclesiastical
A representative of the clergy in
convocation. An ecclesiastical proctor represents either the
chapter of a
cathedral or the beneficed clergy of a diocese. In the province of
Canterbury two proctors represent the clergy of each diocese; in that of
York there are two for each
archdeaconry. Every chapter is represented by one proctor.
Education
Proctors in education, is the name of certain important
university officials. It may also refer to a person who is supervising an
examination.
Cambridge University
The early history of the office at Cambridge is obscure, but it seems that the proctors have always represented the colleges in university proceedings. In the past the Proctors administered the university's finances, acted as examiners for all candidates for the B.A., prosecuted anyone suspected of unfair trading, and had a multitude of other tasks. At present their functions are twofold (1) as taking part in all university ceremonials, (2) as enforcing discipline in the case of members of the university who are
in statu pupillari (undergraduates and
Bachelors of Arts and
Law).
Election
At
Cambridge University the proctors are nominated every May by colleges identified in a predetermined cycle. They then serve from 1 October for one year, assisted by their Deputy Proctors and two Pro-Proctors. They must be a member of the senate for three years, and have resided two years at the university. The two pro-proctors are not, as at Oxford, nominated by the proctors, but are also elected by the senate on the nomination of the colleges, each college having the right to nominate a pro-proctor the year next before that in which it nominates the proctor (Grace of February 26, 1863). Two additional pro-proctors are also elected by the senate each year, on the nomination of the vice- chancellor and proctors, to assist the latter in the maintenance of discipline (Grace of June 6, 1878).
Ceremonial Functions
The proctors are
ex-officio members of the Board of Scrutiny and of various other bodies. Their presence is essential at all congregations of the senate, at which the senior proctor reads all the graces (already approved by the council of the senate). If any grace is opposed by any member of the senate saying
non placet the proctors take the votes of those present and announce the result. Graces are offered not only for making changes in university statutes and ordinances and for appointing examiners and the like, but also for granting degrees. When a degree is to be taken the college of the candidate presents a
supplicat or petition for the degree, this petition is approved by the council of the senate, when they've satisfied themselves that the candidate has fulfilled the conditions, and is read at the congregation by the senior proctor: these supplicats are practically never opposed, but graces for new statutes and ordinances are frequently opposed, and on very important occasions many hundreds of non-resident members of the senate come up to record their votes.
Disciplinary Functions
The proctors' powers as to discipline have a very long history. As far as concerns members of the university they've authority to impose certain fines for minor offences, such as not wearing academical dress on occasions when it's ordered, and also to order a man not to be out of his college after a certain hour for a certain number of days (
gating). In the case of more serious offences the proctor generally reports the matter to the authorities of the offenders college to be dealt with by them, or as an ultimate resort brings the offender before the university court of discipline, which has power to rusticate or expel. The power of the proctors over persons who are not members of the university dated from charters granted by
Elizabeth I and
James I, which empowered the university authorities to search for undesirable characters, men and women, rogues, vagabonds, and other
personas de male suspectas, and punish them by imprisonment or banishment. In recent times this power was regularly exercised with respect to women of bad character. The proctors promenaded the streets attended by their servants (the bulldogs), who are always sworn in as special constables. If occasion arose the proctor could arrest a suspected woman and have her taken to the Spinning House (for which
Thomas Hobson the carrier had left an endowment); the next day the woman was brought before the
vice-chancellor, who had power to commit her to the Spinning House; as a general rule the sentence wasn't for a longer period than three weeks. For this purpose the vice-chancellor sat in camera and the jurisdiction had nothing to do with that of the vice-chancellor's court. In 1898 attention was called to this procedure by the case of a girl named Daisy Hopkins, who was arrested and committed to the Spinning House. Application was made on her behalf to the Queens Bench Division for a writ of
habeas corpus, and when the application came on it appeared that there had been a technical irregularity (the prisoner not having been formally charged when brought before the vice-chancellor); so the writ was granted and the prisoner released. She afterwards brought an action against the proctor, which failed. It was now decided to abolish the practice of hearing these cases
in camera. The whole practice was, however, objected to by the authorities of the town, and after conference an agreement was arrived at, the proctorial jurisdiction over persons not members of the university being abolished (1904).
The Junior Proctor has special responsibility for university societies and for resolving disputes arising from the Cambridge University Students' Union and the Graduate Union.
The Special Pro-Proctor for Motor Vehicles is responsible for licensing the keeping and using of motor vehicles (other than mopeds) within 10 miles of
Great St Mary's Church by University students who have not yet reached MA status and are in residence in term or in the Long Vacation period of residence. The Motor Proctor also has the power to impose a fine of up to £175 for students breaching the regulations on the keeping and using of motor vehicles.
Oxford University
The Proctors of
Oxford University are senior officers of the University who are responsible for enforcing University discipline and sanctions, for handling complaints against the University, and for conducting formal
examinations (at the
Examination Schools). They are elected annually by the
colleges. Two Proctors are elected each year; a Senior and Junior Proctor.
The reform of the university statutes in
2002 re-organised the disciplinary system of the University and reduced the powers of the Proctors. However, they still act as
ombudsmen for the University, and handle formal complaints by and against students (although more minor disciplinary matters are usually dealt with by the
Dean of each college). They have the power to issue
fines to members of the University for numerous offences, including
cheating in examinations.
Prior to
2003, the Proctors were aided in disciplinary matters by the
Oxford University Police (who wore
bowler hats and were generally known as "Bulldogs"); the University Police were a private constabulary with full powers of
arrest within the precincts of the University and within four miles of any University building. However, after receiving public criticism in
2002 for their exercise of authority over citizens of Oxford who were not members of the University, the force was disbanded in
2003 by the University Council, due partly to the excessive expense of complying with new Government requirements on police training and complaints procedures. Today, the Constables have been redesignated as "Proctors' Officers" and continue to serve under the Proctors, but no longer have the powers of police constables.
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