![]() |
ROYAL ASSOCIATION OF JUSTICES OF SOUTH AUSTRALIA Inc. | Other Pages on this Site: |
||||
| Justices History |
|
The Office of Justice of the Peace had its beginnings in England in 1195 when King Richard the Lionheart commissioned knights to keep the peace. Violence was rife in those times. The commissioned knights were called "custodes pacis" - keepers of the peace - and were responsible to the King. In 1316, in the reign of Edward lll, the title Justice of the Peace was conferred on those keepers of the peace. Laws were enacted by Henry Vll to allow JPs to hear and determine most offences other than felonies. In the mid-1600s Justices were authorised to take declarations of marriage, undertake a range of administrative duties such as the licensing of ale houses - and to issue arrest warrants. Their considerable powers reached there zenith in the 17th and 18th centuries when it was said they were "often able to control the whole administration of a county without reference to any higher Council." In 1631, a proclamation of a "Book of Orders" reqired Justices of the Peace to divide their counties into divisions and meet at least once a month thereby founding a permanent Court of Petty Sessions. In the 18th century the role of Justices began to decline with the appointment of an educated magistracy. Their powers declined further in the early 19th century with the rise of the British constabulary, the increasing complexity of law, legislation and the need for specialisation. After the settlement of South Australia in 1836, Justices of the Peace were appointed following the British system. But South Australian Justices were given jurisdiction across the whole State unlike in Britain where they were appointed for a county, riding, city or borough. The pre-requisites of "good character and residency in the community" still apply to today's Justices of the Peace. South Australia has about 9000 Justices of the Peace. Their service is voluntary. Their duties range from witnessing a wide variety of documents to observing the destruction of drugs and to visiting prisons. The use of Justices in Magistrates Courts was discontinued in 1997 but has been revived under the Justices of the Peace Act 2005 with the appointment of Special Justices to carry out court duties.
The administration office of the Royal Association of Justices of South Australia Inc. |