Justices of the Peace Act 1957

5A Minister to consult Chief District Court Judge before recommending removal or suspension of Justice exercising or performing judicial powers or functions

(1)

The Minister must not recommend the removal or suspension from office of a Justice who exercises or performs judicial powers or functions unless—

(a)

he or she has consulted the Chief District Court Judge about the Justice’s proposed removal or suspension from office; and

(b)

the Chief District Court Judge has recommended to the Minister the Justice’s removal or suspension (as the case may be) from office.

(2)

The Chief District Court Judge must not recommend a Justice’s removal or suspension from office, unless—

(a)

the Chief District Court Judge has earlier reached a preliminary view that grounds may exist for recommending disciplinary action against the Justice, and has given the Justice written notice—

(i)

stating that grounds may exist for recommending disciplinary action; and

(ii)

stating the grounds on which the Chief District Court Judge reached that preliminary view; and

(iii)

stating that the Justice may, within 20 working days of receiving the notice, respond to the Chief District Court Judge in writing in respect of the matters contained in the notice; and

(b)

either the Chief District Court Judge—

(i)

has received and considered a written response from the Justice in respect of the matters contained in the notice; or

(ii)

has not, within 20 working days of the Justice receiving the notice, received from the Justice a written response in respect of the matters contained in the notice.

Section 5A: inserted, on 15 April 2007, by section 5 of the Justices of the Peace Amendment Act 2007 (2007 No 14).