The criminal trial courts bench book has been designed to assist in the conduct of trials, and was developed under the direction of the criminal trial courts bench book committee. Bda 7th release 14 new datasets, 287,000 new records. Crimes against children are most often crimes against the person. This bench book is a welcome assistance for magisterial work. The local court act also provides that the governor may appoint a chief magistrate and deputy chief magistrates. Animal care and protection act 2001 bench book keywords. 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 bench clerk will direct people where to stand, read the charges out in a criminal proceeding and administer the oath or affirmation to witnesses. A criminal lawyers toolkit that puts legislation, rules, courts, cause lists, police, legal aid and other bodies in south australia at your fingertips.
The society holds the state records office nsw archive reels of microfilm of bench of magistrates records 1825 1874 picton district camden bench minute. 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 sydney. Extradition judicial commission of new south wales. Magistrates court criminal law benchbook supreme court. However, judges retain significant discretion and utilize an individualized approach to justice. In 2006, he joined the local court bench, presiding at local courts across metro and suburban sydney and the illawarra. If you do not have access to the subscription services, a version of the judgment can generally be located by searching the citation e. By 1800 sittings were held regularly in parramatta and the hawkesbury district, and the use of magisterial proceedings had become widespread in the colony by the 1820s. 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. In 1997, he became the executive officer to the chief magistrate, providing support to more than 5 magistrates across the state. We pay respect to elders past, present and emerging and commit to the spirit of meaningful reconciliation between indigenous and nonindigenous australians. 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. Nsw attorney general mark speakman last week announced the appointment of eight new magistrates to the bench of the nsw local court.
If you wish to contact us, please call 02 9299 4421 and follow the prompts. Seven of the 11 new magistrates specialise in criminal law and four specialise in civil law. 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. The magistrates the judicial officers of the court are the magistrates. It is intended to be a practical, userfriendly and informative guide to many aspects of the jurisdiction of the magistrates court. The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. Goulburn bench of magistrates research data australia.
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. 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. In other parts of the world, such as china, a magistrate was responsible for administration over a particular geographic area. 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. We have the following bench books in the mitchell library. This feedback has been carefully considered, and it was concluded, that the bench book should be.
Based on transcripts of police interviews, it appears that guidelines on investigative interviewing of child witnesses are not often used by interviewers. Bench clerk magistrates, coroners and childrens court sits near the magistrate or coroner, and announces the cases and calls people into court. Nsw police gazette weekly, commenced 1856, masthead. Magistrates court criminal law benchbook, contents, table of contents, list of, chapters, sections, parts, benchbook, bench book. Magistrates court criminal law benchbook contents author. Mark buscombe, a criminal law specialist with considerable experience in fraud and white collar matters, is a. The publications contain information on wanted criminals, crimes committed, apprehended criminals, missing persons, officer promotions, vacancies and appointments. Executive magistrates can dictate to the police the manner of force baton charge tear gasblank firefiring and also, how much force should be used. Criminal trial courts bench book judicial commission of new. Since the last adult court bench book was updated in 2008, the jsb has received considerable feedback from magistrates on its content and format. The criminal benchbook committee writes the criminal benchbook distributed to judges who exercise criminal jurisdiction. Argyle police district magistrates records berrimathrosby park 3 april 18262 april 1827. Adult court bench book august 2017 sentencing council.
A collection of the most commonly used information, contacts and tools for criminal law in south australia. New south wales parliamentary library cataloguinginpublication data. Apr 15, 2020 we have the following bench books in the mitchell library. The alleged offences occurred in the early hours of the morning of 18 august 1983 in a motel near ayers rock. 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. 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. The local court bench book is produced as a guideline only and is not intended to lay down or develop any principles of law. As settlement spread during the squatting era, magistrates and their clerks performed an increasingly wide range of judicial and administrative. Local court bench book apprehended violence orders. The society holds the state records office nsw archive reels of microfilm of bench of magistrates records 1825 1874 picton district camden bench minute book no.
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. Indexes to convictemployer registers, 18431845 and bench. Bathurst bench of magistrates research data australia. Each district contains the following judicial magistrates.
Notes for readers names in this inventory are spelled as they were first found. Local court bench book apprehended violence orders 22000 introduction abbreviations the objects of the act. New state coroner for nsw nsw department of justice. Australian law resource informing legal responses to domestic and family violence related cases in state and territory, federal circuit and family courts. A typical courtroom layout consists of a witness box, a public gallery, the bar table at which the parties sit, a raised bench for seating the sitting magistrate and a clerk and sometimes a dock for housing defendants in custody. New south wales local court has the largest number of judicial officers in a summary jurisdiction in australia. The first bench of magistrates was convened in sydney on 19 february 1788. 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. Many victorian magistrates courts have video link facilities for witnesses to appear via remote video conference rather than in person and is used for when. They are based on newspaper reports from the 1830s to the early 1900s, and detail accounts of all sorts of criminal activity, violence and cruelty, as well as everyday tales of poverty, desperation, mental illness and. The supreme court library queensland acknowledges the traditional owners and custodians of country throughout queensland.
Supreme and district courts criminal directions benchbook. The court of petty sessions, also originally attended to matters under 20 pounds, and even criminal matters, like drunkenness and minor assaults. Shirley doolan 19302015 extracted details from state archives nsw registers of prisoners tried in bench of magistrates courts for the years 18221836. Produced by the pacific judicial education programme, in collaboration with the solomon islands national judicial education committee, and with generous assistance from the governments of australia, new zealand and canada. Richard funston has more than three decades of experience as a solicitor and manager of legal services in nsw and victoria.
Nov 25, 2011 the interactive transcript could not be loaded. The respondent had driven a road train, consisting of a prime mover and three trailers, to ayers. The text of the sexual assault trials handbook reflects the law as it stands at any given time. All of the jurisdictions have sentencing laws that provide general guidance on principles and factors to be taken into account in sentencing. 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. Section 232 local courts act allowed a magistrate with the approval of the governor to hold and exercise the functions of the office of magistrate and another office. And with six of the new appointees being women, this has now boosted the number of female magistrates in this state to 65. New south wales, australia, police gazettes, 18541930 this is a collection of printed publications used by the police to communicate information between officers from 1854 until 1930. The magistrate can not only vary the period which the order has effect in new south wales but can also make such other adaptations and modifications which the magistrate considers necessary for its. Introduction to benches of magistratesthe first sittings of the bench of magistrates was on the 19th, 21st, 23rd and 25th february 1788 in sydney. These are cases heard before the judge advocates bench of magistrates and reflect the benchs functions in areas such as setting the price of bread, issuing and cancelling publicans licences, swearing in constables and controlling the markets. 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. If subsequent entries had a different spelling these are preceded by aka.
Rating is available when the video has been rented. Fiji magistrates bench book april 2004 foreword this bench book is a welcome assistance for magisterial work. Police magistrates were able to sit in on petty court sessions, but generally two or three justice of the peace were required for cases to be heard. Jul 03, 2019 bench of magistrates cases nsw 18221836. Also available in the library on microfiche as police gazette, 1862 and on. Discussions regarding mechanisms for reducing disparities in sentencing are ongoing in australia. Breach national domestic and family violence bench book. Magistrates can be appointed by invitation, or they can apply for advertised positions. Argyle police district magistrates records goulburn plains november182731 january 1835. 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. The magistrates forming the first bench were david collins, the deputy judge advocate, and augustus alt, the survey general 1.
Two of the new magistrates come to the bench following lengthy careers at the legal aid commission. Silence evidence of judicial commission of new south wales. A nsw magistrate has been severely reprimanded for incorrectly applying the law, acting against the public interest, and undermining the administration of justice, according to a. 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. As settlement spread during the squatting era, magistrates and their clerks performed an increasingly wide range of judicial and. In line with nsw government policy, this office is currently closed to the public. 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. New south wales magistrates are not prohibited by the provision of former s 232 local courts act 1982 repealed from making surrender determinations under s 19 of the act. Local court bench book judicial commission of new south. Life in the colony state library of new south wales. Two new magistrates have been appointed to the bench of the nsw local court.
Magistrates court criminal law benchbook, contents, table of contents, list of, chapters, sections, parts, benchbook, bench book, queensland created date. This site contains reports from victorian londons police courts, which were the predecessors of todays magistrates courts. The suggested directions and accompanying text are not intended to constitute an authoritative statement of the law. For the latest report of proceedings from londons victorian police courts follow this link. An act to establish the local court of new south wales. They can also seek the assistance of the armed forces to quell a riot. 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. New south wales, australia, criminal court records, 18301945. The expression right to silence is a useful shorthand description for a number of different rules that apply in the criminal law but may obscure the particular rule or principle that is being applied. At first the minutes from the bench were always submitted to the governor who confirmed, remitted or modified any.