Functions of Justices of the Peace

Section 5 - 12 of the Magistrates Act, Ch. 54, provides for the appointment of Justices of the Peace. Providing persons with the responsibilities of a justice of the peace within the 31 family islands alleviates the burden on the judicial system in that travel to New Providence for certain legal services is not necessary. He/she is appointed to have the same powers as a magistrate to sign warrants for the apprehension and commitment for safe custody of persons charged with offences and to issue search warrants.

Additionally, as a justice of the peace, power is provided by section 8 of the Act, to preserve the peace, to suppress riots and affrays, and to disperse all disorderly and tumultuous assemblies, and for any of these purposes to call in the assistance of the police and Her Majesty’s liege subjects who shall be bound to obey all such lawful commands.

Further, by section 9 of the Act, whenever any magistrate is unable from sickness, absence or any other cause, to be present in court, any two justices of the peace may, on the request in writing of such magistrate, sit in court in his/her place and shall while so sitting, have all the powers and jurisdiction exercisable by him/her. In this regard, the Chief Magistrate may, at any time, whenever he/she shall deem it expedient, authorize any justice of the peace so to act and assist in the place of a magistrate and he/she shall be entitled to the same immunities and protection that a magistrate is entitled.

Additionally such persons are empowered to take affidavits and administer oaths.