sec.46Removal of magistrate from office

### sec.46 Removal of magistrate from office A magistrate must not be removed from office unless the Supreme Court decides that proper cause exists to remove the magistrate— on an application under subsection (2) or (3) ; or under subsection (5) . If a magistrate is suspended from office under section 43 (1) , the Attorney-General must, as soon as practicable, apply to the Supreme Court for a decision whether proper cause exists to remove the magistrate. If— a magistrate is suspended from office under section 44 (1) or (2) ; and all proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 44 (2) , have ended without the suspension having lapsed; the Attorney-General must, as soon as practicable after proceedings have ended, apply to the Supreme Court to decide whether proper cause exists to remove the magistrate. The appeal period has ended and an appeal has not started. If an appeal has started, the appeal has been finally decided or the appeal has been abandoned. For subsection (3) , proper cause to remove the magistrate may include the conviction of the magistrate of an indictable offence. On appeal by a magistrate under section 43 (8) , the Supreme Court must decide whether proper cause exists to remove the magistrate whether or not the Attorney-General has made an application under subsection (2) or (3) . If a magistrate is removed from office, the Minister must publish notice of the magistrate’s removal in the gazette and give a copy of the notice to the magistrate. For this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence. s 46 amd 1992 No. 36 s 2 sch 2 sub 2003 No. 86 s 10 (sec.46-ssec.1) A magistrate must not be removed from office unless the Supreme Court decides that proper cause exists to remove the magistrate— on an application under subsection (2) or (3) ; or under subsection (5) . (sec.46-ssec.2) If a magistrate is suspended from office under section 43 (1) , the Attorney-General must, as soon as practicable, apply to the Supreme Court for a decision whether proper cause exists to remove the magistrate. (sec.46-ssec.3) If— a magistrate is suspended from office under section 44 (1) or (2) ; and all proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 44 (2) , have ended without the suspension having lapsed; the Attorney-General must, as soon as practicable after proceedings have ended, apply to the Supreme Court to decide whether proper cause exists to remove the magistrate. The appeal period has ended and an appeal has not started. If an appeal has started, the appeal has been finally decided or the appeal has been abandoned. (sec.46-ssec.4) For subsection (3) , proper cause to remove the magistrate may include the conviction of the magistrate of an indictable offence. (sec.46-ssec.5) On appeal by a magistrate under section 43 (8) , the Supreme Court must decide whether proper cause exists to remove the magistrate whether or not the Attorney-General has made an application under subsection (2) or (3) . (sec.46-ssec.6) If a magistrate is removed from office, the Minister must publish notice of the magistrate’s removal in the gazette and give a copy of the notice to the magistrate. (sec.46-ssec.7) For this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence. - (a) on an application under subsection (2) or (3) ; or - (b) under subsection (5) . - (a) a magistrate is suspended from office under section 44 (1) or (2) ; and - (b) all proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 44 (2) , have ended without the suspension having lapsed; - 1 The appeal period has ended and an appeal has not started. - 2 If an appeal has started, the appeal has been finally decided or the appeal has been abandoned.