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Justices of the Peace should not determine charges
Those jurisdictions which have not already done so should phase out the use of Justices of the Peace for the determination of charges or for the imposition of penalties for offences.
Aboriginal Justice Caucus Assessment
The Aboriginal Justice Caucus (AJC) acknowledged that justice of the peace powers to hear criminal charges and to conduct committal hearings were removed in 1984 by the Magistrates’ Courts (Jurisdiction) Act 1984 (Vic). Since then, justices of the peace in Victoria have not had the powers referred to in this recommendation. The scope of their role, expected conduct, training and procedures for removal are set out in the Honorary Justices Act 2014 (Vic). The AJC determined this recommendation was no longer relevant and no further action was required.
Priority for Further Work:
Low
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) found that criticisms from Aboriginal people about lack of awareness or sensitivity to Aboriginal culture were made more frequently about justices of the peace than about magistrates. This lack of awareness and sensitivity contributed to poor sentencing decisions and outcomes:
. . . whilst the lack of understanding of Aboriginal culture is a factor likely of itself to diminish the ability of justices to make proper sentencing decisions, equally alarming was an apparent lack of awareness or willingness to apply non-custodial sentencing options in circumstances where they appeared appropriate.
Actions Taken Since Last Review
In Victoria, a justice of the peace (JP) is a volunteer trained to act as an independent and objective witness to documents used for official or legal purposes. They can:
- attest the execution of a document
- witness a statutory declaration
- witness an affidavit for use in court
- certify copies of an original document
- certify a person's identity.
The Code of Conduct for Honorary Justices provides concise statements around the expectations of justices of the peace and bail justices in terms of their conduct and integrity, knowledge and competency, conflicts of interest, and requirements about notifications to the department.
Impact
Outputs
The Honorary Justices Act 2014 (Vic) outlines various provisions for justices of the peace and bail justices (together known as honorary justices) in relation to their appointment, provision of information, training requirements, code of conduct and procedures for suspension or removal.
The Act also sets outs the powers of a justice of the peace which reinforces that they do not have powers to determine charges or impose penalties for criminal offences.
Outcomes
Powers of justices of the peace to hear criminal charges and to conduct committal hearings were removed by the Magistrates’ Courts (Jurisdiction) Act 1984 (Vic).
This change occurred in Victoria prior to the RCIADIC.