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New regulations for Justices of the Peace

justice-of-the-peaceThe Government, in consultation with the Justice of the Peace Association, has developed new regulations to cover the nomination and appointment of Justices of the Peace. The regulations also establish a code of conduct and sets out a requirement for training.

The Justice of the Peace fulfills an important role and although the office does hold a status. The position is not an honour, but one involving serious duties and responsibilities in assisting to preserve the rule of law and to meet a public need.

The regulations set out a criteria for nominees; namely that they have no criminal record, have a sufficient level of literacy in English to be able to deal competently with a wide range of official documents and not be an un-discharged bankrupt, serving policeman, public officer that has the power of arrest, prison officer, or a retired policeman (retired in proceeding five years).

All nominees will be subject to a due diligence exercise and background check including a police report. After consultation with the Chief Justice and the JP Association and satisfactory completion of a training course, the Governor will decide on the appointment. The Justice of the Peace will then be appointed, sworn in and the appointment gazetted.

The new regulations establish a Code of Conduct for Justices of the Peace which deals with access to services, conduct and integrity, treating all persons seeking JP services with courtesy, dignity and respect, keeping safe and not revealing information that is private, confidential or commercially sensitive, remain independent and impartial and the avoidance of the conflict of interest.

JPs must not use the title of JP to advance or appear to advance their own business, commercial or personal interests.

The regulations also require JPs to keep a written record of all signatures witnessed, land transfers witnessed and warrants issued and all occasions when JP services are refused, giving reasons on the prescribed form.

The regulations also provide for a procedure for making a complaint about the conduct of a justice of the peace. In addition, the regulations also make a provision for JPs who retire and have completed 10 years’ service to apply to retain the designation of JP (Retired)

JPs have been trained in the past; however, the regulations specify that all JPs will undertake a more updated extensive training programme within the coming year. The regulations also specify that update training will be provided every three years

Training will be commencing on the 8th January, 2014, be conducted every Wednesday at the Seaman’s Hall, Prospect.

The training will consist of two modules totaling 4 hours of tuition. The training will be conducted by Acting Magistrate Grace Donalds and Clyte Linwood at Attorney at Law.

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