JUSTICE OF THE PEACE REGULATIONS

(2013)

ARRANGEMENT OF REGULATIONS

1. Introduction.
2. Criteria for Nomination
3. Nomination Process
   
   Nominations for persons to be appointed as JPs will only be accepted from registered voters.
   Nominations will only be accepted when made on the prescribed form as attached in Schedule 1 to these regulations.
   The nomination form should be accompanied by:
   
   
4.                                                i.     A reference letter from two referees who must be registered voters or have been resident on the islands for 10 years
5.                                               ii.     A curriculum vitae.
6. Appointment
   
   The Governor, having considered the comments of the Chief Justice and the JP Association and proof that the prescribed training course has been satisfactorily undertaken shall decide on the appointment.
   If the nominee is unsuccessful the Governor will inform him/her as soon as practicable.
   If the nominee is successful an offer will be made in writing a copy to the Attorney General to prepare the instrument The nominee must agree to undertake refresher training every three years. Once a formal acceptance is received an Instrument of Appointment will be prepared in the format attached in Schedule 2.
   The Governor will sign the Instrument of Appointment by warrant under his hand and the Public Seal and send a copy to the successful candidate together with the code of conduct and a copy to the Clerk of Courts
   
   
7. Swearing in and Gazetting
   
   On receipt of the Instrument of Appointment the Clerk of Court will arrange to swear in the new JP and the Oath of Allegiance and Judicial Oath will be sworn in the format attached in Schedule 4.
   Once the oath has been administered the Clerk of the Court will inform the Chief Justice and the JP Association and arrange for the name to be added to the Roll of Justices and the publication of the appointment in the gazette.
   An official stamp will be provided.
   
   
8. Code of Conduct
9.                                                i.      A JP must not unreasonably refuse to provide JP services and must treat all persons seeking JP services with courtesy, dignity and respect.
10.                                               ii.      A JP must deal with requests for JP services in a timely manner.
11.                                                i.     A JP must not engage in unlawful activities or should not conduct themselves in such a manner as to bring the office of JP into disrepute.
12.                                               ii.     A JP must keep safe and must not reveal information which is private, confidential or commercially sensitive and which the JP has obtained in the course of providing JP services, unless authorised by law.
13.                                             iii.     A JP must remain independent and impartial when providing JP services.
14.                                             iv.     If a JP has a personal, family, financial or business interest in a matter which he will required to act, the JP must disclose the interest to the person seeking JP services or decline to provide JP services in that matter.
15.                                               v.      If a JP’s is removed from the Roll of Justices the JP must immediately cease providing JP services.
16.                                                i.     A JP is not permitted to charge a fee or accept a gift for providing JP services.
17.                                               ii.      A JP must not use the title of JP to advance or appear to advance his/her own business, commercial or personal interests, but a JP may use the title of JP after his or her name on a business card or letterhead.
18.                                                i.     A JP must be familiar with and follow the instructions for JP services outlined in the law, regulations and handbook.
19.                                               ii.      When providing JP services, a JP must clearly indicate his/her full name and signature on the document.
20.                                             iii.     A JP must never witness a document unless the JP is satisfied as to the identity of the person and the JP has seen the person sign the document in the JP’s presence.
21.                                             iv.     Where the Laws of the Legislative Assembly provides that a declaration or instrument be signed or attested by a JP, the JP must do so in accordance with any instructions under that law and any requirements on the declaration or instrument.
22.                                               v.      A JP must not offer legal advice in his or her capacity as a JP
23.                                                i.     The Clerk of the Court must notify the Governor in writing as soon as practicable of a JP :
    
     being convicted of a criminal offence
    being found to have acted dishonestly by any tribunal
    becoming bankrupt or applying for relief of a similar nature
    
    
24.                                               ii.     The Commissioner of Police must notify the Governor in writing as soon as practicable of a JP being charged with a criminal offence.
25.                                             iii.     A JP must provide written notification to the Clerk of Court of a change of his/her:
    
     name
     postal and/or email address
    telephone number on which the JP can be contacted in relation to JP services.
    
    
26. Training
27. Dismissal, Suspension or Resignation
28. Record Keeping
29. Complaints