MAGISTRATES COURT (JUSTICE OF THE PEACE) REGULATIONS 2014

Transcription

1 C T MAGISTRATES COURT (JUSTICE OF THE PEACE) REGULATIONS 2014

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3 Magistrates Court (Justice of the Peace) Regulations 2014 Arrangement of Sections C T MAGISTRATES COURT (JUSTICE OF THE PEACE) REGULATIONS 2014 Arrangement of Sections Regulation 1 Short Title Application for appointment Qualifications Tenure, renewal and cessation of office Form of oath Handbook Record Keeping Contact with Justices of Peace Absence from office Fees Honorarium... 7 SCHEDULE 1 8 APPLICATION FOR APPOINTMENT AND RENEWAL AS JUSTICE OF THE PEACE (JP) 8 DECLARATION 15 Page 3

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5 Magistrates Court (Justice of the Peace) Regulations 2014 Regulation 1 C T MAGISTRATES COURT (JUSTICE OF THE PEACE) REGULATIONS 2014 MAGISTRATES COURT ACT The Lord Chief Justice, in exercise of the powers conferred by section 94A(5) of the Magistrates' Court Act, makes the following Regulations 1 Short Title This Regulation may be cited as the Magistrates Court (Justice of the Peace) Regulations Application for appointment (1) A person seeking appointment as a Justice of the Peace shall - (a) give the Registrar of the Supreme Court an application in the approved form in Schedule 1, and a copy of criminal record search from the Ministry of Police that is not more than 2 months old. (2) The Registrar of the Supreme Court shall make inquiries and seek character references about an applicant for appointment that are reasonably necessary find out whether the applicant is a fit and proper person. 3 Qualifications (1) A person is qualified be appointed as a Justice of the Peace if the person - (a) is at least 35 years of age at the date of appointment; (b) is a Tongan citizen by birth, descent or grant of citizenship; Page 5

6 Regulation 4 Magistrates Court (Justice of the Peace) Regulations 2014 (c) is of good character; (d) normally has resided in the nominated area of appointment for at least the last 2 years consecutively; (e) (f) has good knowledge of local cusms, cultures and traditions; and has a reasonably adequate command of the English language. 4 Tenure, renewal and cessation of office (1) Justices of the Peace will hold office for one year running from 1 July 31 June. (2) Upon application the Lord Chief Justice made in writing before 1 June in the year of appointment the appointment may, in the discretion of the Chief Justice be renewed for a further year. (3) Certificates of renewal may be issued by the Registrar of the Supreme Court. (4) Upon receipt of a notification under paragraph 4 of the Code of Conduct the appointment of a Justice of the Peace may be suspended or terminated by the Lord Chief Justice. (5) Justices may resign their appointment by written notice the Lord Chief Justice. 5 Form of oath A person appointed as a Justice of the Peace under section 94A of the Magistrates Court Act must take the following oath before their appointment is made effective - I swear in the presence of God that I will be loyal His Majesty King Tupou VI, the lawful King of Tonga, his heirs and successors, according law, and that I will perform truly and with impartiality my duties as a Justice of the Peace in accordance with the Constitution and Laws of the Kingdom. The Justice of the Peace shall read and sign the oath of office in the presence of the King or the Lord Chief Justice. 6 Handbook Justices of the Peace must be thoroughly familiar with the Justice s Handbook They must abide by the Code of Conduct included therein. 7 Record Keeping Justices of the Peace must keep a record of all official activities undertaken by them in their minute books and these books must be available for inspection by the Registrar of the Supreme Court. Page 6

7 Magistrates Court (Justice of the Peace) Regulations 2014 Regulation 8 Contact with Justices of Peace 8 Contact with Justices of Peace (1) Justices of the Peace should be available for contact by members of the public during normal public service office hours. (2) Justices of the Peace should be available the Chief Magistrate and Registrar of the Supreme Court by mobile phone at all hours in case of emergencies. 9 Absence from office Justices of the Peace are at liberty reasonably absent themselves from their duties for travel overseas or other personal reasons. Before taking leave of absence they must advise the Registrar of the Supreme Court and the Chief Magistrate of the dates of their departure and return. This may conveniently be done by text message via mobile phone. 10 Fees (1) Justices of the Peace must no receive gifts, fees, or other rewards in kind for discharging their duties except as provided by this regulation. (2) A fee of $5 may be collected for certifying documents and administering oaths or affirmations. No fee may be demanded for executing warrants, summonses or family protection orders. (3) Justices of the Peace may keep the fee they collect but must make a note of all fees levied as part of their record keeping. 11 Honorarium At the commencement of each 12 month period of appointment a Justice of the Peace shall be entitled be paid an honorarium of $1000. Made this 16 day of Ocber 2014 at Nuku alofa. M.D. Scott Lord Chief Justice Page 7

8 SCHEDULE 1 Magistrates Court (Justice of the Peace) Regulations 2014 SCHEDULE 1 APPLICATION FOR APPOINTMENT AND RENEWAL AS JUSTICE OF THE PEACE (JP) Important explanary notes please read carefully Application: - Unless there are exceptional circumstances, this application form MUST be completed in full. Please use block letters. Applicants: - Must be 35 years of age or above at date of appointment. - Must be a Tongan citizen by birth, descent or by grant of citizenship. - Be of good character and be a fit and proper person. They must be respected and have good standing in society and their community. - Have good knowledge of local cusms, cultures and traditions. It is desirable if applicants can demonstrate experience or service in a large company/organization or government department or agency. - Normally have resided in the nominated area of appointment for at least the last 2 years consecutively. - Must have three referees. - Must consent a Police and Records check. Referees: - Must be persons of good standing in the community. - Must have known you well for more than 5 years (do not include referees who have known you for less than 5 years). - Must reside in Tonga. - Must NOT be relatives by birth or marriage. Changes of contact details: - Once you have been appointed it is essential that you notify the Office of the Lord Chief Justice of any change of contact details within 14 days. Required documents be forwarded the office of the Lord Chief Justice: 1. Application form be filled by applicants 2. Curriculum Vitae including details of community service done 3. References (read above) 4. Receipt for Police Clearance report, and copy of police clearance report 5. One certified copy of ID Page 8

9 Magistrates Court (Justice of the Peace) Regulations 2014 SCHEDULE 1 6. Any other documents that support your application. Applications be sent : Post: Registrar, the Supreme Court of Tonga, PO Box 11, Nuku alofa, Tonga. I. Personal details 1. Title (Mr, Mrs, Dr, Rev, etc) 2. Surname 3. Given names 4. If you have been known by other names, please state other names 5. Date of birth 6. Place of birth II. Contact details 7. Residential address 8. Postal address (if different) 9. Telephone / mobile number 10. address Page 9

10 SCHEDULE 1 Magistrates Court (Justice of the Peace) Regulations 2014 III. Other details 11. Passport number 12. Driving Licence number 13. Occupation (or former occupation) 14. Name, address and contact number of employer Please answer the following suitability question 15. Are you a Tongan citizen? Yes No 16. Have you ever been declared bankrupt or had letters of administration granted against you? If yes, state when bankruptcy or administration was discharged Yes No 17. Are you: 1. currently an undischarged bankrupt, or had a receiving order made against you or 2. consented orders against you in bankruptcy proceedings or Yes Yes No No Page 10

11 Magistrates Court (Justice of the Peace) Regulations 2014 SCHEDULE 1 3. committed an act of bankruptcy? Yes No If yes, give details. Have you been convicted of any offence (including traffic offences but excluding parking fines) in the Kingdom of Tonga, or elsewhere? Yes No 18. If yes, give details (including date, court (if applicable), offence and penalty). 19. Are there any civil proceedings likely be issued or already pending or Page 11

12 SCHEDULE 1 Magistrates Court (Justice of the Peace) Regulations 2014 issued against you? If so, give details. 20. What languages do you speak and write fluently? 21. What level of education did you attain? Please list qualifications and provide copies of certificates awarded you 22. Official appointments or posts held or previously held, with dates. Please answer the following questions (circle applicable choice) 23. Have you previously applied for appointment as a Justice of the Peace? Yes No Page 12

13 Magistrates Court (Justice of the Peace) Regulations 2014 SCHEDULE 1 Tongatapu Eua 24. For which region are you applying be a Justice of Peace? Vava u Ha apai Niuafo ou Niuaputapu Memberships of clubs / associations etc or details of participation in the community (if more, please attach on separate page) Project or club/association name 25. Position held and specify responsibilities Referees (three names and addresses required) Please ensure your referees know you sufficiently well comment and are aware of this application. A referee cannot be a family member. A written referee (and subsequent confirmation) will also be accepted. 26. Name (1 st referee) Address Telephone Page 13

14 SCHEDULE 1 Magistrates Court (Justice of the Peace) Regulations 2014 Name (2 nd referee) 27. Address Telephone Name (3 rd referee) 28. Address Telephone Page 14

15 Magistrates Court (Justice of the Peace) Regulations 2014 SCHEDULE 1 DECLARATION I... hereby apply for appointment as a Justice of the Peace in Tonga. I am willing, if appointed, undertake all duties attached and abide by the law and rules as they relate the role of a Justice of the Peace. I give my consent the Lord Chief Justice and his or her authorized nominees conduct a criminal hisry check on me and make confidential inquiries from the Police, the Courts, Immigration or other relevant authority as my character, suitability and financial probity for appointment as considered necessary. I further declare that I do not have any physical or mental incapacity that may affect the exercise of my functions if appointed as a Justice of the Peace. I acknowledge that, if appointed, I will not knowingly perform the functions of a Justice of the Peace in relation a matter before me in circumstances that would give rise a conflict of interest. I hereby declare that the statements made in this, my application for appointment and any attachments in support of this application, are true and correct in every material particular. I understand that any material non-disclosure made or false information provided by me in this expression of interest may result in the revocation of my subsequent appointment or other penalties. Declared at... this...day of Signature of Applicant:... Witnessed by:... (Court Registrar, Magistrate, JP, Town Officer, Head Master/Teacher or Police Officer) Page 15