The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

PRIME Minister Philip Davis has postponed the tabling of legislation that would significantly overhaul the appointment, regulation and oversight of Justices of the Peace, according to Devon Rolle, president of the National Association of Justices of the Peace.

Mr Rolle said the association supports legislative reform but argues that the draft bill contains inconsistencies and gaps that require wider engagement and refinement.

He welcomed the Prime Minister’s decision, describing it as an opportunity to address shortcomings before the legislation is brought to Parliament.

“The bill, in its present state, needs further consultation because we believe that there are some inconsistencies in there and some things that need to be considered that are not considered,” Mr Rolle said.

The proposed legislation would tighten eligibility requirements for Justices of the Peace, introduce mandatory training and periodic reviews, and place appointments, discipline and regulation under the authority of the Attorney General. It would also reshape the existing legal framework governing JPs, including changes to how the office is referenced in statute.

Mr Rolle said the association learned several weeks ago that the government intended to table the bill and convened an emergency meeting after reviewing its contents. He said the association then requested that the tabling be postponed to allow its members and the wider JP community to contribute meaningfully to the process.

Although there are thousands of Justices of the Peace across the country, fewer than 300 are formally registered with the association, which has been operating for nearly two decades. Mr Rolle said many JPs remain unaware of the organisation’s existence, despite its role as a professional support network.

“There are times when people come for our JP services, and they ask questions of us and we don’t know exactly what to do,” Mr Rolle said, adding that JPs should not feel pressured to “play like super know-it-all” but should instead seek guidance through the association.

He said the association holds monthly meetings, maintains a formal executive structure, issues member identification and has worked to professionalise the role of Justice of the Peace in the absence of any mandatory training regime.

He acknowledged that weak training standards have long been a vulnerability in the system, with some appointees unclear about the scope of their authority.

“We know that there is some abuse in the system of JPs, some persons, and the reason is, there isn’t a requirement of training prior to being appointed as a JP,” he said.

The association supports the introduction of mandatory training, including training before appointment, and wants a formal role in delivering or supporting that process. It has also raised concerns about provisions in the bill that would remove Justices of the Peace entirely from the Magistrates Act, arguing that their historical role should continue to be reflected in law.

Mr Rolle said the British Justice of the Peace Act of 1361 recognised JPs as the first magistrates and that Bahamian legislation should preserve at least a cross-reference in the Magistrates Act directing readers to the new JP law.

The association is also seeking formal recognition in statute, arguing that its longstanding role in organising, training and supporting JPs should be acknowledged after nearly 20 years of operation.

During the consultation process, Mr Rolle said the association intends to propose amendments to the bill, including the creation of a two-tier system in which some JPs would serve in an honorary capacity, while others would be formally trained and authorised to carry out the full range of legal functions.

He said such a distinction would reflect the reality that some people accept JP appointments primarily as recognition for community service, while others actively perform legal duties.

Mr Rolle also cautioned that the legislation must account for senior public officers who exercise JP powers by virtue of their office, including senior police and defence force officers, permanent secretaries and family island administrators, to avoid unintended conflicts once the law is enacted.