Community Magistrates To Handle Minor Criminal Matters

The Minister of Justice, Hon D.A.M. Graham, today announced that, subject to the Budget outcome, Cabinet had approved his proposal to introduce Community Magistrates in the District Court to handle minor criminal matters.

In a speech to Waitakere JPs, Mr Graham said the proposal will enhance community involvement in the Courts, relieve the workload of the Court and better target the skills of District Court Judges.

The Community Magistrates, usually sitting in pairs, will have jurisdiction over:

Matters currently dealt with by JPs. This covers defended and undefended fine-only offences, such as careless driving, and also includes bail and remands on a wide variety of matters and jurisdiction over most deposition hearings.

Undefended cases where the penalty is up to and including 3 months imprisonment or a $5000 fine. In relation to these cases, they will be able to fine or impose a community-based sentence on the offender, but not to imprison. If they consider imprisonment may be suitable they will refer the matter to a Judge.
This is a significant jurisdiction for the Community Magistrates. It will cover sentencing in a wide range of offences including drink driving, driving without a licence, cannabis possession and disorderly behaviour. It is expected that there will be around 70,000 cases each year in this jurisdiction.

Fines enforcement. This involves dealing with offenders who have failed to pay their fines, ordering further enforcement action where possible, and resentencing to a community-based sentence where this is appropriate.
Appeals from Community Magistrates' decisions will go to a single District Court Judge in the first instance.

'Community Magistrates will be judicial officers with the protection of judicial independence and protected tenure to ensure their decisions cannot be influenced by the threat of dismissal of discipline,' he said.

'They will be appointed by the Governor-General, on the advice of the Minister of Justice, after considering the recommendation of community panels comprising a sitting Magistrate, a Court Registrar, a representative of the local District Law Society and community representatives including a representative of local Maori.

'Potential Community Magistrates will undergo extensive training before sitting.

'This will initially involve a correspondence course and face-to-face skills training to be followed by in-service training each year.'

Mr Graham said Community Magistrates will be paid on a per diem basis which will reflect that their appointment is largely a community service.

'While Community Magistrates need not be legally qualified, there will be no bar on legally qualified people applying provided they are not currently practising,' he said. 'I would expect newly retired lawyers would be attracted to the position and I would expect and encourage experienced JPs to apply. I also hope Maori, including Kaumatua, will seek appointment.'

It is planned that Community Magistrates will be able to sit in venues other than courthouses, but Mr Graham said further work will be necessary on the practical issues involved as the logistics of organising Court sittings outside of a courthouse are not simple.

'Courts are not the sole province of professionals and community Magistrates will enhance community involvement in the justice system,' Mr Graham said.

It is anticipated that Community Magistrates will be introduced into District Courts on a gradual basis with the first appointments being made towards the end of next year. Appropriate legislative changes will need to be made first.

'The move will enable District Court Judges to apply their undoubted skills to more serious matters and help reduce the backlog that has developed.

'I have no doubt the Community Magistrates will provide an efficient method of dealing with a range of offending where common sense, maturity and wisdom are the necessary qualities rather than an extensive knowledge of the law and the rules of evidence.

'This new move will ensure that respected members of communities can dispense justice within their own community.

'In short, it is an important part of the Government's determination to provide a modern, efficient, fair and just judicial system.'