sec.28Chief Magistrate not bound by transfer recommendation

### sec.28 Chief Magistrate not bound by transfer recommendation The Chief Magistrate is not bound by the advisory committee’s transfer recommendation. If, having considered the advisory committee’s transfer recommendation, the Chief Magistrate proposes to make a transfer decision that differs from the transfer recommendation, the Chief Magistrate must— give the magistrate who is the subject of the proposed transfer decision written notice— that the Chief Magistrate proposes to make the transfer decision; and of what the proposed transfer decision is; and allow the magistrate at least 14 days after receiving the notice to make representations to the Chief Magistrate about the proposed transfer decision. The magistrate may make representations to the Chief Magistrate within the time allowed by written submission or verbally. If the magistrate wishes to make representations verbally, allowing the magistrate to make the representations to the Chief Magistrate using teleconferencing technology is enough to satisfy the magistrate’s right to be heard. If the Chief Magistrate makes a transfer decision that does not differ from the transfer recommendation, it is not necessary that the Chief Magistrate allow the magistrate who is the subject of the transfer decision an opportunity to make further representations about the transfer decision to satisfy procedural fairness requirements. In this section— teleconferencing technology means teleconferencing or other technology that reasonably allows the Chief Magistrate and the magistrate to hear, and take part in discussions about, the representations while the representations are being made. s 28 ins 2003 No. 86 s 8 (sec.28-ssec.1) The Chief Magistrate is not bound by the advisory committee’s transfer recommendation. (sec.28-ssec.2) If, having considered the advisory committee’s transfer recommendation, the Chief Magistrate proposes to make a transfer decision that differs from the transfer recommendation, the Chief Magistrate must— give the magistrate who is the subject of the proposed transfer decision written notice— that the Chief Magistrate proposes to make the transfer decision; and of what the proposed transfer decision is; and allow the magistrate at least 14 days after receiving the notice to make representations to the Chief Magistrate about the proposed transfer decision. (sec.28-ssec.3) The magistrate may make representations to the Chief Magistrate within the time allowed by written submission or verbally. (sec.28-ssec.4) If the magistrate wishes to make representations verbally, allowing the magistrate to make the representations to the Chief Magistrate using teleconferencing technology is enough to satisfy the magistrate’s right to be heard. (sec.28-ssec.5) If the Chief Magistrate makes a transfer decision that does not differ from the transfer recommendation, it is not necessary that the Chief Magistrate allow the magistrate who is the subject of the transfer decision an opportunity to make further representations about the transfer decision to satisfy procedural fairness requirements. (sec.28-ssec.6) In this section— teleconferencing technology means teleconferencing or other technology that reasonably allows the Chief Magistrate and the magistrate to hear, and take part in discussions about, the representations while the representations are being made. - (a) give the magistrate who is the subject of the proposed transfer decision written notice— (i) that the Chief Magistrate proposes to make the transfer decision; and (ii) of what the proposed transfer decision is; and - (i) that the Chief Magistrate proposes to make the transfer decision; and - (ii) of what the proposed transfer decision is; and - (b) allow the magistrate at least 14 days after receiving the notice to make representations to the Chief Magistrate about the proposed transfer decision. - (i) that the Chief Magistrate proposes to make the transfer decision; and - (ii) of what the proposed transfer decision is; and