Page 14 - Keeping the Peace

8 Keeping the Peace – A History of Honorary Justices in Victoria
Finding their place in the
‘modern’ world
The first half of the twentieth century was a time of dramatic social change. JPs were required to respond to the challenges of changing times. A 1912 article on ‘Motor cars and modern manners’ called on JPs to adjudicate on cases involving this new and dangerous machine:
‘It is here that the responsibility of the JP comes in. In adjudicating on motor-car cases he has to help in framing the new standards of manners of conduct and of capacity, and to take a lead in the improvement of the regulation of traffic. The great power conferred by the motor car must be controlled with a firm hand, but all who use the public highways must be prepared to adapt themselves to the new conditions.’12
Too much local power?
During the 1910s, JPs continued to hold a great deal of power in their local communities. It was noted by Mr W H Wadey of South Australia, speaking at the Melbourne Town Hall on 21 April 1914, during the first JP interstate conference, that JPs local knowledge could at times interfere with their capacity to deliver justice:
“A JP, without culture, may not be able to rid his mind of prejudice against an unpopular accused person, for it takes a man of culture and strong mind to hold the scales evenly.”13
In 1917, this issue still worried JPs. An article in ‘The Justice of the Peace’ entitled ‘Justices and local influence’ argued that a magistrate with local knowledge could potentially eliminate a miscarriage of justice where local knowledge can be applied honestly and without bias, because they knew what was behind the sworn evidence. However, being a part of the local community could also lead to allegations of bias in areas of factories, food and health legislation, and also licensing legislation where JPs could be faced with class or local influence.14
12 13 14
‘The Justice of the Peace’, 7 February 1912, p 24. ‘The Justice of the Peace’, 7 May 1914, pp. 64-65. ‘The Justice of the Peace’, 7 August 1917, p. 3.