NCJ Number
73709
Date Published
1980
Length
5 pages
Annotation
This paper studies the composition of the over 200 Magistrates' Courts in the Australian State of Victoria to determine if the methods of selection and training yield the best candidates to hear cases involving indictable offenses with possible sentences of 4 years.
Abstract
Victorian Stipendiary Magistrates are typically recruited from the ranks of Clerks of the Courts, although they can be selected from among practicing attorneys. Those selected from among the clerks must have spent 10 years in that office and must pass four qualifying examinations in introductory law, statutory law, and court administration. During the years that a potential Magistrate spends as a clerk, he develops close ties with police. Critics of the Magistrate system point out htat this closeness inhibits Magistrates from dealing objectively with prosecutors and police at trial. They advocate selection of increasing numbers of Magistrates from among practicing attorneys. Cases in Magistrates' Courts are also heard by honorary Justices of the Peace. These justices are appointed from among public-spirited citizens by the Council Governor. The justices are appointed to hear only the most straightforward cases; they do not have any formal legal training. Footnotes are inlcuded.