The Office of Justice of the Peace was first established in England by statute in the fourteenth century. The “good men and lawful” appointed to the position were given far ranging powers, making them the “jacks of all trades” in the day to day administration of the community.

It was during the reign of Edward III from 1327 to 1377 that the position of Justice of the Peace was officially created. From Edward III’s reign, appointments were made exclusively by the Sovereign. This enabled regular succession of officers whose primary task was to prevent offences from being committed rather than to punish and try offenders.Gradually Justices of the Peace were invested with wider judicial authority to regulate trade and the police. By the reign of Henry IV, it had become the rule to charge Justices of the Peace with these duties.

Early in the reign of Henry VII it was enacted that justices, at their discretion, could hear and determine all offences short of felony. In 1653 justices were empowered to take the mutual declarations of the contracting parties to a marriage. They were also authorised to receive information about any indictable offence and were invested with important administrative functions such as licensing ale-houses and controlling police. They acted, of course, in an honorary capacity.

The powers vested in the Office at this time were so wide-ranging they could only be listed under their alphabetical order in the Charter of Justice. One historian, describing their work, said “they regulated wages, prices, profits, employment, marriages, wearing apparel, apprenticeship and housebuilding... they were put in charge of the regulations dealing with weights and measures, the maintenance of bridges, the upkeep of roads, the administration of the Poor Law, the building and control of local prisons”.

When the colony of New South Wales was settled under Governor Phillip, the Office of Justice of the Peace as it then existed was inherited from England. Governor Phillip was himself appointed a Justice of the Peace by his Letters Patent and given power to make other appointments.Increasing populations in both England and Australia, coupled with the growing complexity of legal questions arising, led the Governments of the two countries to establish paid magistracies.

In England in 1837, an Act was passed authorising the appointment of Police Magistrates by the Crown, and in 1863 the “Stipendiary Magistrates’ Act” entitled cities, towns and boroughs of 25000 inhabitants and upwards to have a Stipendiary Magistrate.

In 1833, it was enacted that the Governor of NSW could spasmodically appoint two or more Police Magistrates for the town of Sydney. These magistrates were also charged with the nomination and control of the Police Force.

In 1838 power was given to appoint a Police Magistrate to the towns of Parramatta, Windsor, Maitland, Bathurst and other towns declared by the Governor to come under the operation of the Act. History shows that successive Governments in New South Wales have pursued a policy of appointing full-time magistrates to deal with judicial and ministerial responsibilities in Local Courts and other courts of summary jurisdiction.

In 1850, the Colonial Police Act was passed regulating the police force and transferring control thereof to the Inspector-General of Police. By the Metropolitan Magistrates’ Act, 1881, power was given to appoint up to six Stipendiary Magistrates within the Metropolitan Police District. With the expansion of the magistracy, the powers vested in Justices of the Peace began to reduce.

In 1998 a Discussion Paper was released as part of a review that was prompted by perceived problems with the Office of Justice of the Peace in New South Wales. Those matters came to the attention of the Attorney General through the experience of the Department; a paper written by the NSW Law Reform Commission and by correspondents writing to the Attorney General’s Department.

The problems noted included a lack of a publicly available register of Justices of the Peace which made it difficult for members of the public to locate a Justice of the Peace when they needed one. In addition, there had been no duty placed upon Justices of the Peace appointed before 1992 to notify the Department of any change of address or of any convictions recorded against them and a large number of Justices of the Peace did not inform the Department when their details or circumstances changed.

The Department saw the need to update the records of all appointments.In May 2002, the Attorney General, the Hon Bob Debus MP introduced draft legislation into Parliament with proposals to reform the Office of Justice of the Peace in New South Wales. Following community consultations with members of the public and other stakeholders, including the various Justice of the Peace organisations, the Justices of the Peace Act 2002 was passed by the Parliament and brought into force on 8 December 2003.

Lifetime appointments were abolished under the Act and five year terms instituted. Provisions were made for a publicly accessible register of Justices of the Peace. Justices of the Peace must also report any criminal proceedings or bankruptcy and maintain up to date contact details with the Department.

This Handbook provides up to date information about the Office of Justice of Peace in New South Wales. The Handbook incorporates the Justice of the Peace Guidelines which have been developed in line with requirements under the Justices of the Peace Act 2002. The Guidelines outline important information about the appointment and functions of a Justice of the Peace in New South Wales.