THE EDITOR, Sir:
IN YOUR Letter of the Day for March 19, entitled "Modernising office of JPs", various questions posed by Janice Green of Spanish Town, require an answer or clarification, so please permit me to attempt to deal with the issues she has raised.
It would indeed be considered strange and possibly unethical for JPs to advertise. The Custodes of each Parish keep an up-to-date Roll of their JPs and information as to their identities and locations can be provided from that source. In St. Ann, the JPs Association used to make such lists available at all Police Stations, Post Offices and Court Houses for the benefit of the public, but unfortunately this was discontinued since the lists were not prominently displayed at these locations - which was regrettable. Perhaps the answer would be to make another attempt.
It is entirely contrary to the terms of their appointment for JPs to charge a fee of any kind. When offered the Commission (which can be refused) each JP is required to accept the call to voluntary community service and accordingly it is a corrupt act to proceed otherwise. Any member of the public who is asked for a fee should report this to their Custos. The stationery used by a JP is of such a minimal amount that it could hardly be considered a major financial burden, for be it observed that there is no obligation for any JP to possess printed stationery. This is purely a personal decision, hence a personal expense.
JPs are usually (though not exclusively) appointed on the basis that they are well known members of their respective communities, and in turn are well acquainted with the people who live and work in these areas. There is no requirement or protocol involved in familiarising oneself with one's neighbours.
There is no rule whatsoever which dictates when any documents may be signed, and never has any such rule existed. JPs are required to make themselves available to the public as much as may be conveniently possible at all times, without exception being made for weekends, evenings or public holidays. That some JPs choose otherwise could also be a breach of the Commission.
If Ms. Green does not know a JP who can assist her, or if anyone else requiring such services is new to a district, they would be well advised to visit the Custos since this is the person who has the authority to deal with such a matter or offer a referral.
I know of only two instances where knowledge of the person is a legal requirement. These relate to the application for either a Passport or a Driving Licence since these forms demand that the JPs must state the number of months or years the applicant has been personally known to them. However, since both documents are capable of being witnessed by persons other than a Justice of the Peace, this procedure should not present an insurmountable problem. Apart from this, writing a recommendation for anyone or a letter to assist in obtaining bail would of necessity involve personal knowledge of the party named.
Most documents to be signed by a JP are only for the purpose of witnessing a signature, first being satisfied as to the identity of the person who signs before you. If that person is unknown to you, then the production of a suitable and acceptable form of identification should suffice for this purpose.
The JPs are not being asked to verify the truth of the contents of a document, nor should they even concern themselves with those contents which are private to the individual concerned. All that the JP is required to do is witness the signature, which MUST be signed in his or her presence and also first swear the party to the truth wherever a sworn statement is required.
Clearly, there are many other issues involved, but I have touched only on the most obvious and in response to the questions raised by Ms. Green.
I am etc.,
DOROTHEA WHITEHORNE
Justice of the Peace
St. Ann
