About Justice of the Peace Qual.

Justice of the Peace

A Justice of the Peace (JP) is a puisne judicial officer elected or appointed by means of a commission (Letters Patent) to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the Peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have a formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs (for example Arizona, United States; Victoria, Australia; Canada and the United Kingdom).

History

In 1195, Richard I ("the Lionheart") of England commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King for ensuring that the law was upheld, and preserved the "King's peace", and were known as "keepers of the peace".
An Act of 1327 had referred to "good and lawful men" to be appointed in every county in the land to "guard the peace"; such individuals were first referred to as conservators of the peace, or wardens of the peace. The title "Justice of the Peace" derives from 1361, in the reign of King Edward III Plantagenet. The "peace" to be guarded is the "King's peace" or sovereign's (i.e. currently) Queen's peace, the maintenance of which is the duty of the Crown under the royal prerogative. Justices of the Peace still use the power conferred or re-conferred on them in 1361 to bind over unruly persons "to be of good behaviour". The bind over is not a punishment, but a preventive measure, intended to ensure that people thought likely to offend will not do so. The justices' alternative title of "magistrate" dates from the 16th century, although the word had been in use centuries earlier to describe some legal officials of Roman times.
In the centuries from the Tudor period until the onset of the Industrial Revolution, the JPs constituted a major element of the English (later British) governmental system, which had been termed sometimes squirearchy (i.e., dominance of the land-owning gentry). For example, historian Tim Blanning notes that while in Britain the royal prerogative was decisively curbed by the Bill of Rights 1689, in practice the central government in London had a greater ability to get its policies implemented in the rural outlying regions than could contemporary absolute monarchies such as France – a paradox due especially to JPs belonging to the same social class as the Members of Parliament and thus having a direct interest in getting laws actually enforced and implemented on the ground.
Being an unpaid office, undertaken voluntarily and sometimes more for the sake of renown or to confirm the justice's standing within the community, the justice was typically a member of the gentry. The Justices of the Peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws. Towns and boroughs with enough burdensome judicial business that could not find volunteers for the unpaid role of Justice of the Peace had to petition the Crown for authority to hire a paid stipendiary magistrate.

Modern use

Australia

A Justice of the Peace in Australia is typically someone of good stature in the community who is authorised to witness and sign statutory declarations and affidavits and to certify copies of original documents. Criteria for appointment vary widely, depending on the State. For example, in Queensland, a Justice of the Peace (Qualified) must complete an exam prior to being eligible for appointment, whereas in Victoria, a person need only prove good character by way of references.
Generally speaking, a Justice of the Peace cannot act in relation to a document which is to be used in a foreign country. One exception to this, however, is that countries in the Commonwealth frequently accept documents so certified, but this is largely dependent on local legislation.
Documents which are to be used in a foreign country that does not provide for a foreign JP to witness them should be dealt with by a notary public. This is the same for all countries where the office of Justice of the Peace exists. Notaries Public are often solicitors or barristers, and the best way to locate one is to contact your local law society.

Queensland

In the state of Queensland, a "Justice of the Peace (Qualified)" has the additional powers to issue search warrants, arrest warrants, Justices Examination Orders, and in conjunction with another Justice of the Peace (Qualified) constitute a magistrates' court for exercising powers to remand defendants in custody, grant bail, and adjourn court hearings.
Some justices are appointed as Justice of the Peace (Magistrates Court), usually in remote aboriginal communities, to perform many of the functions that might otherwise fall to a stipendiary magistrate.
In Queensland, a Commissioner for Declarations (C.dec) has powers limited to witnessing documents, witnessing statutory declarations, witnessing affidavits, witnessing and administering oaths and affirmations.

Victoria

Justices of the Peace and bail justices are appointed to serve a semi-judicial function in all areas of the Victorian community. The main official roles they play in the Victorian community include witnessing statutory declarations, witnessing affidavits and hearing bail matters outside court hours (bail justices only).

Justices of the Peace

Justices of the peace (JPs) provide a service to the community as independent witnesses of statutory declarations, powers of attorney and affidavits. JPs are recommended by the State Attorney-General and appointed by the Governor-in-Council, and it is their job to authorise and witness statutory declarations and affidavits within the state of Victoria. There are currently more than 4,000 JPs serving in all areas of the state.

Bail justices

The role of a bail justice is to hear bail applications (under the Bail Act 1977) and to hear applications for interim accommodation orders for children (under the Children and Young Persons Act 1989) within Victoria. Bail justices, once appointed, may remain in their role until they turn 70 years of age (although they must be under 65 at the time of their appointment). They are often required to attend call outs and rule on bail applications or protection applications for children in danger on weekends and late at night when the courts are closed, but they can also witness Victorian statutory declarations and affidavits. Candidates must successfully complete a three-day training course run by Victoria Police, the Magistrates' Court, and the Department of Justice. Bail justices also have some limited powers under federal legislation, including the power to conduct interstate extradition hearings and extending question time for federal police.

New South Wales

Justices of the Peace perform few judicial functions, if any, in New South Wales. Those justices employed by the Attorney-General's Department can issue some kinds of warrant, and perform minor judicial functions such as granting bail outside normal court sitting hours. These powers are increasingly being transferred to Registrars of the Local Court, who (usually, but not always) have legal qualifications.
This aspect aside, Justice of the Peace in NSW typically receives statutory declarations and affidavits – primarily administrative tasks.
Justices of the Peace can be located in courthouses, municipal councils, and many public service offices. Previously a lifetime appointment, the term was limited to five years from 8 December 2003 at which time all previous lifetime appointments lapsed.

South Australia

In South Australia, there are two types of justices: Justice of the Peace and special justices.
A Justice of the Peace (JP) in South Australia is typically someone of good stature in the community who is authorised to witness and sign statutory declarations, affidavits, waiver rights, search warrants, drug warrants, divorce documents, and to certify copies of original documents and to witness the signing of power of attorney and guardianship documents, providing the JP is satisfied with the capability of the signatory.
A Special Justice (SJ) is a higher level of Justice of the Peace in South Australia; they sit casually on the bench of the magistrates' court hearing cases in the petty division.
The South Australian Attorney-General has set up a web site to locate Justices of the Peace. The majority of metropolitan and many regional Councils (Local Government authorities) have a rotational Justice of the Peace in residence at nominated times.
The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from those municipal corporations that had it. This was replaced by the present system, where the Lord Chancellor nominates candidates with local advice, for appointment by the Crown.
Until the introduction of elected county councils in the 19th century, JPs, in Quarter Sessions, also administered the county at a local level. They fixed wages, regulated food supplies, built and controlled roads and bridges, and undertook to provide and supervise locally those services mandated by the Crown and Parliament for the welfare of the county.
Women were not allowed to become JPs in the United Kingdom until 1919, the first woman being Ada Summers, the Mayor of Stalybridge, who was a JP by virtue of her office. Emily Murphy of Edmonton, Canada, preceded her by some three and a half years. Now in the UK, 50% of JPs are women.
In special circumstances, a Justice of the Peace can be the highest governmental representative, so in fact 'gubernatorial', in a colonial entity. This was the case in the Tati Concessions Land, a gold-mining concession (territory) in the Matabele kingdom, until its annexation by the British Bechuanaland protectorate.