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MAGISTRATES COURT ACT 2004 - SECT 7

MAGISTRATES COURT ACT 2004 - SECT 7

7 .         Constitution of Court

        (1)         The Court is to be constituted by one magistrate.

        (2)         In circumstances prescribed by the regulations or by another written law, the Court may be constituted by —

            (a)         2 or more JPs; or

            (b)         one JP.

        (3)         Regulations made for the purpose of subsection (2) may provide that rules of court may, subject to the regulations, provide —

            (a)         that the Court may be constituted other than by one magistrate; and

            (b)         the circumstances when it may be so constituted.

        (4)         If another written law requires the Court to be constituted in a particular way to deal with a case, it must be constituted in that way despite subsections (1) and (2), except for the purposes of adjourning the case or making other procedural decisions in relation to the case.

        (5)         The Court, constituted in accordance with this section or another written law, may exercise its jurisdiction even if at the same time the Court, constituted by a different individual or by different individuals, is also exercising its jurisdiction.

        (6)         If the Court is constituted by 2 or more JPs for the purpose of dealing with a case —

            (a)         all of them must be present at all times when dealing with the case; and

            (b)         the decision of the Court is the decision of the majority of them; but if they are equally divided, the case is to be adjourned to a place and date decided by them or, if they cannot agree, by the one who was first appointed as a JP; and

            (c)         any one of them may issue a warrant or other process of the Court in relation to the case.