THE OTAGO DAILY TIMES Tuesday, August 13, 1946. JUSTICES OF THE PEACE

Otago Daily Times, Issue 26229, 13 August 1946, Page 4

THE OTAGO DAILY TIMES Tuesday, August 13, 1946. JUSTICES OF THE PEACE

The powers conferred on justices of the peace in New Zealand are so extensive that from time to time incidents occur which must prompt an inquiry whether it is not time that the Act of 1908 should be considerably amended. While the original provisions may have been well enough suited for the times, the powers of the lower court have been greatly increased in recent years—and, indeed, are being constantly widened—and the powers of the justices have been widened accordingly far beyond the original intention. Many of those whose duties bring them into touch with the workings of the law are of the opinion that the matter is a serious one which should be attended to, and anecdotes are current of anomalies being created when cases are tried before justices of the peace. Some of these matters are adjusted within the courtroom and are not made public, but there are other instances in which action has had to be taken subsequently. In our news columns yesterday morning an occurrence was reported in which a doctor in Christchurch was charged with .being in • a state of intoxication while in charge of a motor car. The defendant appeared before a justice of the peace and the police asked for a remand. This is not a singular procedure in similar cases. The justice, however, would grant a remand only until the evening when two justices were on the Bench. The police again requested a remand, but the Bench was not prepared to grant the request. The police then intimated that no evidence would be offered and the case was accordingly dismissed. The merits of this particular case are not a matter for comment here, but concern must be expressed that so serious a charge can be dealt with by justices of the peace who, in the majority of cases, have neither the legal training nor the practical experience to weigh evidence and to estimate a suitable penalty. In this connection it may be recalled that, some two months ago, the then Chief Justice, Sir Michael Myers, commented strongly on a sentence imposed by a justice of the peace which he described as being “ savage and sadistic.” He added: I have said on a previous occasion, .and I say again, that it is monstrous, in my opinion, that justices should have the power to impose savage sentences of that kind. I am quite aware that what I have said may provoke comment. I do not mind

that. The Chief Justice also remarked that the question of a quantum sentence on a prisoner was a very difficult one and, after seventeen years on the Bench, he found the difficulty as great as it had been at the start of his judicial career.

During the hearing of the Christchurch case, the justice of the peace opposed the granting of a remand on the grounds that the magistrates were over-worked, and gave it as his opinion that two justices could very well deal with the charge. It must be questioned whether this assumption was well founded, but it is certainly a fact that magistrates, and judges, are over-worked at the present time. The reason is the unwarranted delay on the part of the Government in making appointments. After the retirement of the Chief Justice in Wellington recently there was a period when there was no judge in the Capital. In Dunedin, the senior magistrate retired some ten weeks ago and no appointment has yet been made to fill the vacant position. Such a state of affairs must have the effect of increasing the responsibilities of justices of the ■peace which, it must be suggested, are already over-wide.