Section 2 - Short Answer Questions

INSTRUCTIONS:

Provide an answer to EACHquestion below.

You are required to reference by stating/quoting the section(s) of the law that supports your answer(s) to the question.

You may reference the training manual only if the answer cannot be found in the legislation. If you are referencing the manual - state page number(s) and paragraph(s)

Be sure to make a note of where the information supporting your answers may be found, as well as the section(s) of the legislation, where applicable.

Note that the support should come from an Act (Section X of theName-of-the-Act) or, if there is no Act, then from the training manual - (page x, paragraph y)

• For support from the training manual - you are tosummarize/paraphrasethe information (instead of seekingto readit)

1) List three (3) pieces of legislation which outline the role and various functions of a Justice of the Peace.

2) List three (3) criteria necessary for an individual to be eligible for appointment as a Justice of the Peace.

3) List ten (10) duties of a Justice of the Peace. Explain five (5).

4) Give four (4) functions of the Justices of the Peace Advisory Committee.

5) Outline the procedure to be followed by the Custos upon receiving applications or nominations for appointment to the office of Justice of the Peace.

6) Outline three (3) roles that a Justice of the Peace may play within the Child Diversion programme.

7) Lists five (5) characteristics of a Justice of the Peace which supports high moral and ethical conduct in the administration of duties.

8) According to Section 10 of the Justice of the Peace Act, what are the duties of the Executor having charge of the affairs of a Justice of the Peace?

9) Describe the identifying features of the official seal issued for use by Justices of the Peace.

10) List three (3) Judicial functions of a Justice of the Peace.

11) Discuss the relevance of the Charter of Fundamental Rights and Freedoms in relation to granting bail to a detainee.

12) Give four (4) circumstances under which bail may be denied where the defendant has been charged with an offence not punishable by imprisonment.

13) Further to the Bail Act, name three (3) persons who are exempted from serving as surety and provide a reason for eachperson being exempted.

14) List four (4) circumstances that a Justice of the Peace may take into account when considering whether to grant bail where the defendant has been charged with anoffence punishable by imprisonment.

15) Discuss three (3) ways in which a Justice of the Peace may play a role in the processes connected with the administration of bail in criminal proceedings?

16) Justices of the Peace may interact with several documents as they exercise their role and functions; these documents may fall within five (5) categories. List them.

17) What steps are Justices of the Peace required to take when a person presents an affidavit?

18) It is customary for the police to request the Justice of the Peace to issue a summons. What guidelines should the Justice of the Peace follow should they receive such a request?

19) What are the functions of the Justice of the Peace when they are present at the taking of a statement being given under caution?

20) Outline the role of the Justice of the Peace with regards to remanding detainees in lock up.