Independence of the Magistracy (From Guilty, Your Worship - A Study of Victoria's Magistrates' Courts, P 22-27, 1980 - See NCJ-73708)

• NCJ Number: 73710
• Author(s): T Weber
• Date Published: 1980
• Length: 6 pages
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

The status of the Magistrates as members of the Victorian Public Service and the controls exercised over them by administrative agencies and higher courts are discussed, and a suggestion to give autonomy to the Magistrates is presented.

Abstract

The Magistrates are direted by the Chief Magistrate, although 1971 legislation granted power to the Attorney General to assign duties to Magistrates as well. Proceedings of the Magistrates' Courts are also monitored by higher courts, which exercise control over them through reviews of decisions as well as reviews of refusals to adjudicate for lack of jurisdiction. Disciplinary hearings for Magistrates are held by officials of higher divisions of the public service, which have the power to reprimand, fine, or dismiss errant Magistrates. DEspite opportunities for coercion of magistrates by other government officials, interference in the judicial proceedings of Magistrates' Courts is rare. However, the potential for abuse remains, and speculation as to the effects of subtler coercion and intergovernmental pressures could best be put to rest by removing the Magistrates from the Public Service. Footnotes are included.