Proctor
Encyclopedia
Proctor, a 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:
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 solicitor
s. 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.
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 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).
Proctors is a term that still survives in Western Australia. Until it was amended in 1992 and later superseded by the Legal Profession Act in 2008, the Legal Practitioners Act 1893 provided for legal practitioners in Western Australia to be admitted and entitled to practise as "practitioners". That term was then defined as 'a person admitted and entitled to practise as a barrister, solicitor, attorney and proctor of the Supreme Court of Western Australia, or in any one or more of these capacities'. Whilst it was theoretically possible to apply for admission in any of these capacities, as there was no separate qualification for such separate admissions, the standard practice (pre 1992) was for all persons to be admitted as barristers, solicitors and proctors of the Supreme Court of Western Australia. Many survive today.
. 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 archdeacon
ry. Every chapter is represented by one proctor.
, or to any teacher or other staff member at a university, secondary school or even elementary school when they are supervising the administration of a test or examination. In British and Australian English, persons acting in this capacity are referred to as invigilators.
and Law
).
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). The Proctors for 2009-10 are The Revd Jeremy Caddick (Senior Proctor) of Emmanuel College
and the Revd Lindsay Yates (Junior Proctor) of St John's College
.
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 was not 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 (16.1 km) 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.
). 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 cheat
ing in examinations.
Prior to 2003, the Proctors were aided in disciplinary matters by the Oxford University Police
(who wore bowler hat
s 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 (6 km) 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.
Procurator
Procurator may refer to:*Procurator , the title of various officials of the Roman Empire...
, 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
Dormitory
A dormitory, often shortened to dorm, in the United States is a residence hall consisting of sleeping quarters or entire buildings primarily providing sleeping and residential quarters for large numbers of people, often boarding school, college or university students...
.
The title is used in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
in three principal senses:
- In lawLawLaw is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a proctor is an attorneyLawyerA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
or solicitorSolicitorSolicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
acting in some courts. - In the church, a proctor represents the clergy in Church of EnglandChurch of EnglandThe Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
dioceses. - In educationEducationEducation in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
, a proctor is 1) the name of university officials in certain universities, or 2) a supervisor during an exam.
Historical legal officers
A proctor was a legal practitioner in the ecclesiasticalEcclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
and admiralty courts. Historically, they were licensed by 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...
to undertake the duties that were performed in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
courts by attorneys and in the courts of equity by solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s. Later, the Judicature Acts
Judicature Acts
The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875 The Judicature Acts are a...
of 1873 and 1875, which created the Supreme Court of Judicature
Supreme Court of Judicature
Supreme Court of Judicature may refer to:* Supreme Court of Judicature . Supreme Court of Barbados* Supreme Court of Judicature , Supreme Court of Guyana* Supreme Court of Judicature , the supreme court in Ireland from 1877 to 1920...
, 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
Admiralty
The Admiralty was formerly the authority in the Kingdom of England, and later in the United Kingdom, responsible for the command of the Royal Navy...
'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 CrownThe Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
in the courts of probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
and divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
. 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
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, 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 1973, and include the power to show cause against a decree nisi
Decree nisi
A decree nisi is a court order that does not have any force until such time that a particular condition is met, such as a subsequent petition to the court or the passage of a specified period of time....
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).
Proctors is a term that still survives in Western Australia. Until it was amended in 1992 and later superseded by the Legal Profession Act in 2008, the Legal Practitioners Act 1893 provided for legal practitioners in Western Australia to be admitted and entitled to practise as "practitioners". That term was then defined as 'a person admitted and entitled to practise as a barrister, solicitor, attorney and proctor of the Supreme Court of Western Australia, or in any one or more of these capacities'. Whilst it was theoretically possible to apply for admission in any of these capacities, as there was no separate qualification for such separate admissions, the standard practice (pre 1992) was for all persons to be admitted as barristers, solicitors and proctors of the Supreme Court of Western Australia. Many survive today.
Ecclesiastical
A representative of the clergy in convocationConvocation
A Convocation is a group of people formally assembled for a special purpose.- University use :....
. An ecclesiastical proctor represents either the chapter
Cathedral chapter
In accordance with canon law, a cathedral chapter is a college of clerics formed to advise a bishop and, in the case of a vacancy of the episcopal see in some countries, to govern the diocese in his stead. These councils are made up of canons and dignitaries; in the Roman Catholic church their...
of a cathedral
Cathedral
A cathedral is a Christian church that contains the seat of a bishop...
or the beneficed clergy of a diocese. In the province of Canterbury
Canterbury
Canterbury is a historic English cathedral city, which lies at the heart of the City of Canterbury, a district of Kent in South East England. It lies on the River Stour....
two proctors represent the clergy of each diocese; in that of York
York
York is a walled city, situated at the confluence of the Rivers Ouse and Foss in North Yorkshire, England. The city has a rich heritage and has provided the backdrop to major political events throughout much of its two millennia of existence...
there are two for each archdeacon
Archdeacon
An archdeacon is a senior clergy position in Anglicanism, Syrian Malabar Nasrani, Chaldean Catholic, and some other Christian denominations, above that of most clergy and below a bishop. In the High Middle Ages it was the most senior diocesan position below a bishop in the Roman Catholic Church...
ry. Every chapter is represented by one proctor.
Education
Proctor has two completely different meanings in education: it either refers either to a high official in certain universitiesUniversity
A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...
, or to any teacher or other staff member at a university, secondary school or even elementary school when they are supervising the administration of a test or examination. In British and Australian English, persons acting in this capacity are referred to as invigilators.
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 ArtsBachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
and Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
).
Election
At Cambridge UniversityUniversity of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
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). The Proctors for 2009-10 are The Revd Jeremy Caddick (Senior Proctor) of Emmanuel College
Emmanuel College, Cambridge
Emmanuel College is a constituent college of the University of Cambridge.The college was founded in 1584 by Sir Walter Mildmay on the site of a Dominican friary...
and the Revd Lindsay Yates (Junior Proctor) of St John's College
St John's College, Cambridge
St John's College is a constituent college of the University of Cambridge. The college's alumni include nine Nobel Prize winners, six Prime Ministers, three archbishops, at least two princes, and three Saints....
.
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 have 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 have authority to impose certain fines for minor offences, such as not wearing academical dress on occasions when it is 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 IElizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
and James I
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
, 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
Thomas Hobson
Thomas Hobson , sometimes called "The Cambridge Carrier", is best known as the name behind the expression Hobson's choice....
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 was not 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
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, 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 (16.1 km) 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 SchoolsExamination Schools
The Examination Schools of the University of Oxford are located at 75–81 High Street, Oxford, England.The building was designed by Sir Thomas Jackson , who also designed the cricket pavilion in the University Parks...
). 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
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
for the University, and handle formal complaints by and against students (although more minor disciplinary matters are usually dealt with by the Dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...
of each college). They have the power to issue fines to members of the University for numerous offences, including cheat
Cheat
Cheat can refer to:* A cheat code, a hidden means of gaining an advantage in a computer or video game* Cheat!, a television show on the G4 network* The Cheat, a 1915 Cecil B...
ing in examinations.
Prior to 2003, the Proctors were aided in disciplinary matters by the Oxford University Police
Oxford University Police
The Oxford University Police, or Oxford University Constables , was the private police force of the University of Oxford between 1829 and 2003. They carried warrant cards and were empowered to act as police officers within the University precincts and within areas of Oxford within four miles of any...
(who wore bowler hat
Bowler hat
The bowler hat, also known as a coke hat, derby , billycock or bombin, is a hard felt hat with a rounded crown originally created in 1849 for the English soldier and politician Edward Coke, the younger brother of the 2nd Earl of Leicester...
s and were generally known as "Bulldogs"); the University Police were a private constabulary with full powers of arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
within the precincts of the University and within four miles (6 km) 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.