Magistrates bench book nsw

This feedback has been carefully considered, and it was concluded, that the bench book should be. Adult court bench book foreword by the honourable mrs justice dobbs dbe since the last adult court bench book was updated in 2008, the jsb has received considerable feedback from magistrates on its content and format. Bench of magistrates cases 18221836 shirley doolan 1 9302015 extracted details from state archives nsw reels 660662 of prisoners tried in bench of magistrates courts for the years 18221836. Magistrates court criminal law benchbook supreme court. The chief magistrate is supported by an executive office to monitor the workload of the local court, allocate judicial resources and to schedule court sittings at locations throughout nsw. It is intended to be a practical, userfriendly and informative guide to many aspects of the jurisdiction of the magistrates court. The magistrates the judicial officers of the court are the magistrates. The respondent had driven a road train, consisting of a prime mover and three trailers, to ayers.

A benchbook is not a source of substantive law but rather a guide to procedure. In the late 1990s, a position of community magistrate was created for district courts on a trial. This bench book is a welcome assistance for magisterial work. Argyle police district magistrates records goulburn plains november182731 january 1835. New south wales local court has the largest number of judicial officers in a summary jurisdiction in australia. For more information about children as witnesses and complainants see the bench book for children giving evidence in australian courts produced by the australian institute of judicial administration. Mr halburd has been an alburybased solicitor for the majority of his 22year legal career, appearing in more than 1,000 defended criminal hearings in the local court. Update 10, 2016 mr hugh donnelly, director, research and sentencing, judicial commission of nsw update 10, 2016 ms pierrette mizzi, manager, research and sentencing, judicial commission of. The society holds the state records office nsw archive reels of microfilm of bench of magistrates records 1825 1874 picton district camden bench minute.

The criminal benchbook committee writes the criminal benchbook distributed to judges who exercise criminal jurisdiction. Nov 27, 2016 nsw attorneygeneral gabrielle upton has announced that 11 new magistrates will join the bench of the nsw local court, in a move that will see the largest appointment of new magistrates in decades. Bathurst bench of magistrates research data australia. Find out if your convict appeared before the bench of magistrates in bathurst between 182526 or 183233. Civil trials criminal trials equality before the law. Nsw magistrates and judges are required to retire when they reach 72 years of age, although they can continue parttime after this age as acting judicial officers, covering busy times when needed. In other parts of the world, such as china, a magistrate was responsible for administration over a particular geographic area. Chief executive judicial commission of new south wales gpo box 3634 sydney, nsw 2001 dx 886 sydney. Accordingly, no holder of a judicial office can be removed except by the governor on address from both houses of the nsw parliament in the one session. District court magistrate manual mji domestic violence. In ancient rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers.

Chief executive judicial commission of new south wales gpo box 3634 sydney, nsw 2001 dx 886 sydneyphone. Sep 23, 2009 two new magistrates have been appointed to the bench of the nsw local court. Judges and magistrates held to a high standard of conduct. The commission does not warrant or represent that the information contained within this publication is free of errors or omissions. The tonga magistrates bench book 2 april 2004 foreword it is a privilege for me to be invited to write the introduction to tongas first bench book for the magistrates courts. The judicial commission of nsw welcomes your feedback. Breach national domestic and family violence bench book. Family court of australia and the federal magistrates court of australia presented by federal magistrate kemp, registrar campbell.

Introduction to benches of magistratesthe first sittings of the bench of magistrates was on the 19th, 21st, 23rd and 25th february 1788 in sydney. The local court act also provides that the governor may appoint a chief magistrate and deputy chief magistrates. As settlement spread during the squatting era, magistrates and their clerks performed an increasingly. Two new magistrates have been appointed to the bench of the nsw local court. As settlement spread during the squatting era, magistrates and their clerks performed an increasingly wide range of judicial and administrative. The members of the local court bench book subcommittee and judicial commission of new south wales staff who produced the work, and who have kept it up to date, are to be. The governor of new south wales appoints magistrates pursuant to section of the l ocal court act 2007 on the advice of the executive council. Annulment applications in the local court his honour magistrate david. Childrens court child protection proceedings benchbook pdf, 1. The procedure for removing judges and magistrates in nsw is based upon the federal model.

The local court bench book is a comprehensive guide for magistrates for the conduct of civil and criminal practice and procedure in the local court of new south wales. Goulburn bench of magistrates research data australia. An act to establish the local court of new south wales. Judicial commission of nsw, local court bench book 2017. Criminal trial courts bench book judicial commission of new. If you wish to contact us, please call 02 9299 4421 and follow the prompts. The sample orders and accompanying text of the civil trials bench book are. The michigan judicial institute mji was created in 1977 by the michigan supreme court. Crimes against children are most often crimes against the person. Liverpool police court book 14 february 1824october 1826. Mark buscombe, a criminal law specialist with considerable experience in fraud and white collar matters, is a. Judicial commission of new south wales nsw government. Magistrate definition is an official entrusted with administration of the laws. We have the following bench books in the mitchell library.

The position was often known simply as magistrate, or the postnominal initials sm after a magistrate s name in newspapers court reports. At first the minutes from the bench were always submitted to the governor who confirmed, remitted or modified any. Local court bench book judicial commission of new south. Bench of magistrates guide the first bench of magistrates was convened in sydney on 19 february 1788. The production of the bench book has been a major undertaking. For more information about children as witnesses and complainants see the bench book for children giving evidence in australian courts produced by the australian. Mr halburd has been an alburybased solicitor for the majority of his 22year legal career, appearing in.

A collection of the most commonly used information, contacts and tools for criminal law in south australia. Finding decisions from queensland courts and tribunals is now a whole lot easier. Supreme and district courts criminal directions benchbook. We are improving caselaw with a series of upgrades throughout 2019. Under the direction of the chief magistrate, the staff of the executive office provide statewide administrative support to 4 magistrates 126 full time magistrates and eight part time magistrates. Selected articles and papers number of judges and magistrates in. They have dedicated judicial officers who sit in the court on either a fulltime. With 2 magistrates on the bench throughout nsw, you dont need to be a maths genius to realise that magistrates hear an incredible amount of cases each year. Mark buscombe, a criminal law specialist with considerable experience in fraud and white collar matters, is a barrister. The three new magistrates have outstanding credentials and bring a total of more than 90 years of diverse legal experience to the bench, mr speakman said.

Apr 15, 2020 we have the following bench books in the mitchell library. You can find their charge, the decision that was handed down or if they were mentioned in the evidence or were a witness for a case. Fiji magistrates bench book april 2004 foreword this bench book is a welcome assistance for magisterial work. For the first time in 25 years the states judges and magistrates talk frankly about the highs and lows of meting out justice.

A significant proportion of the literature on the application of therapeutic jurisprudence in the court system concerns the work of problemsolving courts. The alleged offences occurred in the early hours of the morning of 18 august 1983 in a motel near ayers rock. Nsw attorneygeneral gabrielle upton has announced that 11 new magistrates will join the bench of the nsw local court, in a move that will see the largest appointment of new magistrates in decades. Life in the colony state library of new south wales. About new south wales, australia, criminal court records, 18301945 the supreme court in new south wales heard the most serious criminal cases, whilst the general and quarter sessions dealt with all crimes and misdemeanours not punishable with death. As settlement spread during the squatting era, magistrates and their clerks performed an increasingly wide range of judicial and. Adult court bench book august 2017 sentencing council. Supreme and district courts the links in each benchbook entry link to a copy of the judgment on either the supreme court library website or, for reported cases, to the relevant subscription service. Magistrate definition of magistrate by merriamwebster. Argyle police district magistrates records berrimathrosby park 3 april 18262 april 1827. In order to avoid clumsy repetition, the word court is used to mean all nsw law. Reckless indifference murder the australian case of r v crabbe 3 provides as good example of facts involved in reckless indifference murder, and explains the law. The magistrates forming the first bench were david collins, the deputy judge advocate, and augustus alt, the survey general 1. Publications judicial commission of new south wales.

There are also age limits to becoming a judge or magistrate. In line with nsw government policy, this office is currently closed to the public. Shirley doolan 19302015 extracted details from state archives nsw reels 660. Seven of the 11 new magistrates specialise in criminal law and four specialise in civil law. Sentencing bench book judicial commission of new south wales. A benchbook is a book providing an overview of legal procedure for a judge. Stuart devine and daniel covington as magistrates of the local court of nsw. The position of stipendiary magistrate in new zealand was renamed in 1980 to that of district court judge. Deborah snow, joel gibson, elisabeth sexton and geesche jacobsen report. These books are used by judges while hearing cases as guides to assist in the disposition of a case. If you do not have access to the subscription services, a version of the judgment can generally be located by searching the citation e. The three new magistrates are drawn from legal aid nsw and the office of the director of public prosecutions dpp nsw and bring a wealth of criminal law experience to the bench, mr speakman said.

Local court bench book nsw judicial commission link to nsw judicial. Contents national domestic and family violence bench book. Advanced searchtailor your search for more relevant results using. This feedback has been carefully considered, and it was concluded, that the bench book should be in a new format, which would supplement the new adult court pronouncement cards. The district court magistrate manual derives from the manual for magistrates, which was first published in 1978 by the state court administrative office, and renamed the manual for district court magistrates in 1985. Speaking of bench books, i predicted last year that a victorian magistrates court bench book probably available in electronic form from the jcv was just around the corner. Section 25000 discusses the procedures for dealing with applications for apprehended violence orders, hearing applications, the making and variation of orders, consent orders, duration and conditions, and the national domestic violence order recognition scheme. A criminal lawyers toolkit that puts legislation, rules, courts, cause lists, police, legal aid and other bodies in south australia at your fingertips. Local court bench book judicial commission of new south wales. Since the last adult court bench book was updated in 2008, the jsb has received considerable feedback from magistrates on its content and format. Using this bench book the contents of this bench book the information in this bench book covers the entire nsw court system criminal and civil, and all levels of courts. The constitution states that fiji is a democratic state in which all people may, to the full extent of their capacity, take part in the institutions of national life and thereby develop and maintain due. Any expectation that judicial officers sitting in the summary jurisdiction can have knowledge of the many orders, applications and actions that the magistrates court deals with ready to go at a moment. The first bench of magistrates was convened in sydney on 19 february 1788.

Selected articles and papers number of judges and magistrates in australia. Therapeutic jurisprudence and regional areas australasian. New south wales, australia, criminal court records, 18301945. The criminal trial courts bench book contains information prepared and collated by the judicial commission of new south wales the commission. As the official publisher of unreported judgments in queensland, we are committed to making caselaw a worldclass service. Magistrates are appointed by the attorney general after receiving expressions of interest from australian lawyers and are appointed as members of the victims of crime assistance tribunal vocat, which is a separate and independent statutory entity which determines claims for compensation made by victims of crime and their families. Judicial disqualification quick reference materials. The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. The local court bench book is produced as a guideline only and is not.