Page 41 - Keeping the Peace

Keeping the Peace – A History of Honorary Justices in Victoria 35
The changes in their role had a large impact on JPs, according to one JP who spoke about the new legislation in 1991:
Memories of Mr Cyril Molyneux – Justice of Peace, Berwick, interviewed on 10 September 1991 by Ms Diana Dragicevic, student at Berwick Secondary College.
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“I have been a JP since 1956. I was nominated at a public meeting and my name was put up through the local MP and a recommendation was made to the AG who then appointed me. I did a lot of witnessing of documents, and at that time the JP was entitled to sit on the bench in company of other justices. The Stipendiary Magistrate only visited this area once every three months. I was on the court roster and we took turns because court sat every Tuesday, so it would lessen the load for each. Sometimes I would do a court at a police station, if a person was locked up all night, to work out bail. But after the 1970s the Stipendiary Magistrate came more often. Recently, the government changed their powers. I used to do bail, but now they are only specially appointing BJs. They have special duties and have special courses. Now the JP has no judicial duties, and only does the witnessing of documents. I was the chairman of the bench. I often did committals on my own and decided if there was a case to answer and then referred to a higher court. I also did Children’s Court by consent of the parties and heard in closed
court. I did them in the Magistrates’ room rather than the court. Now all magistrates have to have a law degree, but before that, they came up from the law department as clerk of courts but now must be drawn from the ranks of lawyers for reasons best known to them.
When I was first appointed I granted bail, sat in court, and gave penalties up to three months jail, but gradually the government whittled away the powers of the JP except to witness documents. With the changes, I feel that the lower courts are clogging up, and it is not saving money as the honorary magistrates saved money. I find it hard to understand why the system has changed and it has never been clearly explained apart from so-called cost cutting. Most people would prefer to be judged by their peers rather than professional lawyers. Now it’s all changed”.74
http://www.cclc.vic.gov.au/oralhistories, accessed 29 November 2014, interview transcribed and edited by Belinda Robson.