Introduction
At present the duties and responsibilities of the Justices of the Peace are not clearly defined in the Australian Constitution or any other legal document; they may vary from one state to another. In New South Wales the judicial functions of a JP are reduced to a minimum. This person witnesses and verifies the signing of official documents and statutory declarations. He or she must ensure that the governmental requirements are fully met. (New South Wales Government, 5).
Previously, this official was entitled to issue warrants and grant bail but now it is normally done by legal practitioners who are better qualified for this job. The eligibility criteria for this post are not very specific; it is stated that this individual must be an Australian citizen who has already come outage (at least 18 years). His or her candidacy must be supported by the local community and most importantly, the applicant must be “of good character” as the instructions say (NSWG, 1). This criterion appears to be rather vague because the concept of “good character” cannot be accurately interpreted from a legal perspective.
Mandatory preparation for Justices of the Peace in New South Wales
It should be pointed out that practically no attention is paid to the professional qualifications of a JP. He may not even be a lawyer. In the vast majority of cases, such judges are selected only according to their reputations. One of the major concerns is that there is no mandatory training for such people, although there are certain circumstances when they may need preparation. The thing is that they can act as helpful assistants of the registrars of the local courts, but this duty demands a good knowledge of judicial procedures and common law, while JPs usually lack these skills.
Apart from that, they are prohibited to give any consultations to the citizens, because the validity of their information is rather questionable (NSWG, 36). Then, it is quite possible to cast doubt on the usefulness of their work at least at this stage. It would not be an exaggeration to say that it does not involve any considerable effort nor yields any fruits.
To some extent, the role of JP is purely formal. As a rule, judicial functions are performed by the Local Court. Yet, even this position requires appropriate knowledge and skills. For example, the Justice of the Peace must be well aware of appropriate format standards for legal documentation. He or she must be familiarized with various declaration forms. Additionally, a JP frequently communicates with foreign citizens, people who do not necessarily speak English, and this calls for certain cross-cultural competence. Currently, people who hold this office are only asked to acquaint themselves with the instructions about the obligations of JP1. The government mandates no other preparation for them. They do not even have to pass through any preliminary testing.
It seems that such a situation leaves much to be desired. First, at the moment these officials are practically deprived of any right to decision-making. They are not permitted to act as arbiters. Moreover, one can even suggest that these officers are just needless supplements to the existing legal system. It should be borne in mind that in other states of the country the Justices of the Peace are more empowered, for instance, they can issue arrest or search warrants.
Furthermore, they collaborate with the magistrate when it is necessary to hear a minor case. Subsequently, this makes the legal process more time-efficient. But JPs in New South Wales cannot act in this capacity because they may not have a professional backgr. Their knowledge and competence are limited only to the scope of the manual which is given to them by the authorities. It has to be admitted that in its essence their position is honorary but it should not be purposeless as it is now.
In sharp contrast, in other countries like the United Kingdom, the government emphasizes the importance of continuous training. The JPs are introduced to the basic principles of criminal law and procedures of various agencies (Judicial Studies Committee, unpaged ). Regular seminars and conferences are held to refresh their judicial knowledge and make the work of these people more effective. This evidence indicates that the NSW government should consider the need to offer mandatory training to the newly-elected JP. This can enhance their performance and competence as well as improve the image of this position.
Undoubtedly, this will require considerable expenses, because formal orientation programs are rather expensive but in the long term, they can bring significant dividends: the registrars of the local courts will not have to hear different kinds of petty offenses, cases of misdemeanor, administrative controversies. This burden will be alleviated by the Justices of the Peace who can become very helpful assistants. This is why it is essential to launch compulsory orientation courses for them. This is a necessity rather than a luxury.
Strategies of implementation
This new policy can be implemented in several ways. Normally, face-to-face training is believed to be the most optimal policy. Under such a scenario the instructor or some legal expert can explain the principles of common and administrative law to the new JP. It is also possible to elaborate on their decision-making skills. These people must know perfectly well when and how to apply the powers given to them by the state. In addition to that, the UK experience demonstrates that a JP should also be a very good interlocutor: in the course of his or her work, this official encounters person belonging to different social, ethnic, or religious groups. Thus, it is of crucial importance that this officer can find an approach to each inquirer and treat people in an impartial manner (Judicial Studies Committee, unpaged).
Face-to-face training is also efficient because it enables the instructor to assess the candidates preparation and identify the gaps in it. It is vital that new JPs can apply their knowledge in practice, and instructors can offer them such an opportunity by setting different simulation tasks before them. If it is done properly such preliminary evaluation will practically eliminate any possibility of future problems or controversies. Naturally, it is frequently stated that the Justice of Peace relies on his moral reasoning and common sense rather than legal knowledge. Yet, every person can be inclined to error or bias. So, the authorities must help him or she avoid these mistakes because a JP is a representative of the law which must always remain impartial and competent.
However, face-to-face training has several limitations. To carry out such a program, the government of NSW will have to put many JPs off their immediate duties. There will be no one to substitute them or act in their capacity for a certain period.
So it will be necessary to develop a flexible schedule for lectures, seminars, and group sessions. Besides, the government would have to run immense expenses to employ legal experts for lectures and consultations. But some of the costs can be cut down with the help of the Internet. The rapid development of information technologies offers new opportunities for legal educators. Now they can offer a great number of courses online. In turn, this reduces the time spent on training and gives officers a better chance to assess their progress (Susskind, 33).
There are several components of the trial that can be practiced via the internet. It is quite possible to construct a hypothetical case, which would demand the use of different skills such as analysis and evaluation of arguments and evidence, attentiveness, ability to stay focused especially during hearings, and so forth. A JP must be able to meet these standards. The use of the Internet is also essential because it gives quick access to different informational resources such as amendments to the existing laws, statutes, case studies, and so forth (Susskind, 72). On the whole, a Justice of the Peace will be much better equipped to fulfill his professional duties.
The key drawback of online courses is that the trainee will not be able to receive feedback. Moreover, this technique does not allow the learners to interact with one another during lessons. So, the state officials should consider this factor while tailoring the orientation courses for JPs.
It is rather difficult to give preference either to online courses or face-to-face training. Perhaps, each of these methods can contribute to the better performance of JPs in New South Wales. The most prudent approach is to alternate these strategies. At the very beginning, the lessons should be conducted either as group sessions or lectures. Only when the basic principles have been fully mastered instructors can offer Web-based courses.
In this way, the government can lay the foundations for ongoing education of the Justices the Piece. Two obstacles can arise in the course of Implementation: lack of funding and the unwillingness of many officials. Many of them are quite content with the scope of their duties and responsibilities. So they can be rather reluctant to take part in this program. Of course, they will be forced to do it but the benefits of the training will be significantly diminished. This is why the government should clearly explain the need for this policy and offer stimuli to the officials.
Conclusions
Currently, the Justices of the Peace in New South Wales practically do not render any assistance to the legal authorities. Their role is almost nominal. At this point, they cannot take part in decision-making nor give any advice to average citizens. Mandatory training for all JPs is a necessary measure that can solve this problem. The training can be delivered through lectures, group seminars, and via the Internet.
This strategy ensures that each person actively participates and has a chance to evaluate one’s progress. Finally, JP education must not be limited only to three-week courses. It is essential, that the state conducts annual seminars so that these officers could share their experiences. They can reduce the risk of their mistakes. Most importantly, the state must give a powerful incentive to the incumbent Justices of the Chief who can be disinterested in this project.
Works Cited
Judicial Studies Committee. Become a Justice of the Peace. Her Majestys Office. Web.
New South Wales Government. A handbook for Justices of the Peace in New South Wales (Third Edition). Attorney Generals Department, 2008. Web.
New South Wales Government. Application for appointment as a Justice of the Peace in NSW. Attorney Generals Department, 2008. Web.
New South Wales Government. Justices of the Peace Regulation 2009. The Executive Council. Web.
Susskind, R. The Future of Law: Facing the Challenges of Information Technology. Oxford University Press, 1998.
Footnotes
See New South Wales Government. A handbook for Justices of the Peace in New South Wales.