Magistrates ‘bench books’ are being developed for the Pacific

The Commonwealth Secretariat, in partnership with the Pacific Judicial Development Programme (PJDP), is developing ‘bench books’ for magistrates in the Pacific.

‘Bench books’ are reference textbooks which detail matters of law and procedure that magistrates may refer to while in court.

The PJDP, an NZAID and AusAID funded programme, supports 15 Pacific Island Countries (PICs) to enhance the professional competence of judicial and court officers, and the processes and systems they use.

In response to the wishes of the Chief Justices of the region, the programme focuses on the lower courts and their registries because it is in these courts that most people seek access to justice. One of the core activities of the PJDP is support to PICs in the revision or development of ‘bench books’.

There are more than 3,000 lay magistrates in the Pacific region, and ‘bench books’ that suit their needs and are used as training tools are an important resource for these magistrates.

Pilot programme in Tonga

A pilot programme in Tonga, which looks at methodology of the development of ‘bench books’ to ensure they are suitable for magistrates, is now being implemented by the PJDP and supported by the Secretariat.

“Bench books directly support the goal of the PJDP which is to strengthen governance and the rule of law in Pacific Island countries through enhanced access to justice and professional judicial officers who act independently according to legal principles,” said Helen Burrows, the Programme Manager of the PJDP.

The pilot project is intended to test the approach and methodology in one PIC by developing one new ’bench book’. The approach and methodology proposed by PJDP can be tested and lessons learned before it is implemented in a jurisdiction with larger numbers of judicial officers.

The Commonwealth Secretariat will work alongside PJDP in delivering a pilot project to develop a ‘bench book’ for the magistrates in Tonga by providing funding and technical input.

“Bench books are produced in many common and civil law jurisdictions and have proved to be an effective tool for assisting judicial officers in performing their everyday work fairly, correctly and efficiently by providing detailed guidance on legislation, jurisprudence and process,” said Kevin Maguire, Legal Adviser in the Secretariat’s Justice Section.

Key Links:

• Law
• Country Profile: Tonga