Custos of St Mary A. A. 'Bobby' Pottinger. - Carlington Wilmot /Freelance Photographer EVERYBODY KNOWS at least one Justice of the Peace (JP). But how are they chosen? What criteria must they meet?
Persons who are eligible to be JPs must be individuals of good integrity, who the people respect and are comfortable with as role models in their communities. However, all recommended persons are investigated by the police and before an appointment is made, a committee comprising the Resident Magistrate, the Superintendent of Police and the Custos meets to further discuss the reports and then act accordingly.
Though JPs are required to perform judicial functions, they are not necessarily legally trained. When they sit in a Court of Petty Sessions, the clerk assigned to the court will advise the JPs on the law and the extent of their powers. JPs are responsible for all questions of fact and the credibility of each witness. But it is unlikely that a JP will have to decide cases on any knotty point of law.
DUTIES OF A JUSTICE OF THE PEACE
SERVE IN JUVENILE COURT: A special panel of Justices is selected for this duty
SERVE IN SESSIONS OF THE SPIRIT LICENSING AUTHORITY: here again, a special panel is selected for this duty
ISSUE VARIOUS KINDS OF WARRANTS, SUMMONSES AND INFORMATION: Members of the Police Force and occasionally, private persons will attend on them for these services.
CONSIDER APPLICATIONS FOR BAIL: Justices of the Peace may be called upon to perform this duty when persons have been arrested and placed in custody of the police.
WITNESS THE TAKING OF A CAUTION STATEMENT BY THE POLICE: This will arise when a prisoner in custody voluntarily decides to give a written confession relevant to the crime for which he is charged. JPs must ensure that it is voluntarily given.
WITNESS THE CONDUCT OF IDENTIFICATION PARADES: To ensure that there is fairness.
SWEAR PERSONS TO SIGN VARIOUS TYPES OF DOCUMENTS: This is where JPs services are most utilised, and where they must be very careful. JPs should not give persons letters of recommendations unless they know them well. JPs have no authority to swear a person to a document that is to be used abroad.
JPs ARE VILLAGE LAWYERS: Persons can call on JPs for advice on various matters. They will seek assistance to complete different types of forms and documents. They expect JPs to settle minor disputes. JPs are also expected to preside at certain functions, participate in the activities in their community.
Members of the public may complain to Justices of the Peace about the conduct of the police. If the JP feels that there is some merit to the complaint, then the matter should be reported to the Authority or the complainant referred to the Custos.
USAGE OF THE NAME: JPs are allowed to use the initials 'J.P.' after their names but not in commercial correspondence.
