sec.43Suspension of magistrate by Governor in Council

### sec.43 Suspension of magistrate by Governor in Council The Governor in Council may suspend a magistrate from office. However, a magistrate must not be suspended from office under subsection (1) unless a Supreme Court judge, on the application of the Attorney-General, has decided that there are reasonable grounds for believing that proper cause for removal of the magistrate exists. A copy of an application under subsection (2) must be given to the magistrate at least 14 days before the application is heard. There is proper cause to remove a magistrate from office if the magistrate— is incompetent or guilty of serious neglect of the duties of office; or is mentally or physically incapable of carrying out satisfactorily the duties of office; or is guilty of proved misbehaviour, misconduct or conduct unbecoming a magistrate; or fails, without reasonable excuse, to constitute a Magistrates Court at a particular place in accordance with a transfer decision as required by the Chief Magistrate. A suspension under subsection (1) lapses if any of the following happens— the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate; the Governor in Council lifts the suspension. The Minister must give the following notices to the magistrate and publish them in the gazette— if the magistrate is suspended under subsection (1) —notice of the suspension; if the magistrate’s suspension lapses under subsection (5) —notice of the lapsing of the suspension. However, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the magistrate following suspension. A magistrate who is suspended from office under subsection (1) may appeal to the Supreme Court against the suspension. The appeal may be heard with any application made under section 46 . In this section— duties , of office, includes administrative duties of office. s 43 amd 1992 No. 36 s 2 sch 2 ; 1993 No. 32 s 3 sch 1 sub 2003 No. 86 s 10 (sec.43-ssec.1) The Governor in Council may suspend a magistrate from office. (sec.43-ssec.2) However, a magistrate must not be suspended from office under subsection (1) unless a Supreme Court judge, on the application of the Attorney-General, has decided that there are reasonable grounds for believing that proper cause for removal of the magistrate exists. (sec.43-ssec.3) A copy of an application under subsection (2) must be given to the magistrate at least 14 days before the application is heard. (sec.43-ssec.4) There is proper cause to remove a magistrate from office if the magistrate— is incompetent or guilty of serious neglect of the duties of office; or is mentally or physically incapable of carrying out satisfactorily the duties of office; or is guilty of proved misbehaviour, misconduct or conduct unbecoming a magistrate; or fails, without reasonable excuse, to constitute a Magistrates Court at a particular place in accordance with a transfer decision as required by the Chief Magistrate. (sec.43-ssec.5) A suspension under subsection (1) lapses if any of the following happens— the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate; the Governor in Council lifts the suspension. (sec.43-ssec.6) The Minister must give the following notices to the magistrate and publish them in the gazette— if the magistrate is suspended under subsection (1) —notice of the suspension; if the magistrate’s suspension lapses under subsection (5) —notice of the lapsing of the suspension. (sec.43-ssec.7) However, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the magistrate following suspension. (sec.43-ssec.8) A magistrate who is suspended from office under subsection (1) may appeal to the Supreme Court against the suspension. (sec.43-ssec.9) The appeal may be heard with any application made under section 46 . (sec.43-ssec.10) In this section— duties , of office, includes administrative duties of office. - (a) is incompetent or guilty of serious neglect of the duties of office; or - (b) is mentally or physically incapable of carrying out satisfactorily the duties of office; or - (c) is guilty of proved misbehaviour, misconduct or conduct unbecoming a magistrate; or - (d) fails, without reasonable excuse, to constitute a Magistrates Court at a particular place in accordance with a transfer decision as required by the Chief Magistrate. - (a) the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate; - (b) the Governor in Council lifts the suspension. - (a) if the magistrate is suspended under subsection (1) —notice of the suspension; - (b) if the magistrate’s suspension lapses under subsection (5) —notice of the lapsing of the suspension.