Community Magistrates
information about community magistrates
Functions of a Community Magistrate in the District Court
Community Magistrates are judicial officers who sit on a wide range of less serious cases in the criminal summary jurisdiction of the District Court. They increase the judicial resource available to the courts and free up the expertise of District Court Judges for more complex cases.
Community Magistrates were first appointed in 1999 as part of a pilot programme in Waikato and Bay of Plenty. Suitably qualified members of the community were appointed by the Governor- General to sit in the criminal summary jurisdiction in the District Court. They sit in 15 courts in the Waikato / Bay of Plenty region.
A further eight Community Magistrates will begin sitting in the Auckland region in early 2010.
Community Magistrates have powers to hear any offence that carries a maximum penalty of imprisonment not exceeding three months, or offences where the maximum fine does not exceed $7,500.
They carry out functions such as:
- sentencing in cases involving defended and non-defended minor fine-only offences
- hearing traffic cases such as careless driving or driving without a licence
- hearing applications for bail and remand
- conducting preliminary hearings for more serious charges
- imposing sentence on persons found guilty by a District Court Judge, who have pleaded guilty to certain summary offences
- directing enforcement against fine defaulters.
Appointment of Community Magistrates
From time to time applications are sought for Community Magistrates, the process for the appointment of Community Magistrates is set out in the Community Magistrates Regulations 1998. Suitable candidates are interviewed and appointed by the Governor-General after undergoing appropriate training.
Community Magistrates are appointed from within their community and any adult can apply with a few exceptions.
The exceptions are:
- practising lawyers
- police officers
- Ministry of Justice and Department of Corrections employees
- Ministry of Social Development social workers
- High Court and District Court staff
- anyone contracted to carry out security work in penal institutions.
