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.