Page 13 - Keeping the Peace

Keeping the Peace – A History of Honorary Justices in Victoria 7
Defining the role of a JP
JPs had a wide and varied judicial brief. The Courts of Petty Sessions could be constituted by a Police Magistrate either alone or with JPs, or alternatively by two or more JPs sitting in an open court at a time and place appointed by the Governor in Council. The court also heard civil disputes where the costs to be incurred were £50 and under. In 1917 the Court of Petty Sessions moved to Russell Street, a ‘stately pile of buildings’9 and a total of 235 Courts of Petty Sessions were established during the latter half of the 19th and into the 20th century.10
As justice could be dispensed either by Police Magistrates or JPs, there was a continual need to define the role of JPs. The former had considerable law training and experience while the latter were appointed without regard to whether they had any theoretical knowledge of law.
According to the President of the Law Institute of Victoria, Mr M C A Dale, who spoke on the role of the Honorary Magistrates in 1916, the lack of legal knowledge of JPs was not a problem to their job administering justice and, indeed, may be of assistance:
‘I have no doubt that HJs from their social or commercial position in life have acquired just as much, if not more, knowledge of the world as trained lawyers, and are quite as able to give as sound a decision on questions of facts as any Police Magistrate.’ Nevertheless Mr Dale had some concerns. Firstly, an issue existed when any JP, regardless of a lack of experience, had the same power on the bench as an experienced Police Magistrate. Secondly, a problem was posed when any one JP could commit for trial in an indictable offence regardless of
the dissent of his ‘brother Justices’. Finally, he felt that there were too many Courts of Petty Sessions (25 were in Melbourne) and there was a need to reduce the number and have them presided over by a Police Magistrate which, according to Mr Dale, would enable uniformity of decisions, and fewer appeals.11
9 10 11
‘The Justices of the Peace’, 7 February 1914. MCV_exhibition_final_layout.pdf, www.magistratescourt.vic.gov.au, accessed 14 November 2014. ‘The Justice of the Peace’, 7 February 1916, pp. 1-16.