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3.What Does the Secretary General Do with
the Application?
When the Secretary General receives the application, his
Department checks that the application form has been fully completed
and the nomination and verifying material is correct. The Department
then requests a criminal records check from the Police Service in
the name of the prospective applicant.
Where the records check is returned negative, the
Secretary General will recommend to The Royal Crown of Susiana that
the applicant be appointed.Recommendations for appointment are submitted to
The Royal Crown of Susiana by the Secretary General in an ad hoc
manner, and there is no fixed timetable for appointment, nor is
there any limit on the number appointed each year.
Where the records check is returned with a
criminal record and the applicant is identical with the person named
in the criminal record, the applicant are advised and asked to
comment as to why the application should proceed. A policy decision
will then be made by the Secretary General as to whether the
appointment should proceed. Each case is dealt with its own merits.
4.What Follows Appointment By The Secretary
General?
The passage fee is intended to offset the administrative costs
of court staff who prepare documentation at the time of swearing in.
The Knight’s Justice of Peace is provided with a Certificate of
Appointment and a booklet called "The Knight’s Justice of
Peace Handbook".The Knight’s Justice of Peace is not required
to pursue further education or training to perform the functions of
the office administration. There are no duties placed upon which are
to notify the Secretary General's Department in writing:
- of any change of address; and
- If the Knight’s Justice of Peace is convicted of any
offence, or if an offence is found proven against the
Knight’s Justice of Peace.
5.How Long Is the
Appointment For?
The Imperial Acts Application Act does not detail the
length of the appointment to the office. A Knight’s Justice of
Peace appointment will continue indefinitely. The appointment may be
revoked, suspended or resigned. However, if none of these actions
occur, the appointment is effectively for life.
6.Who Are Knight’s Justice of Peace
Answerable To?
Knight’s Justice of Peace come under the authority of the
Royal Crown of Susiana through the Secretary General. Where it is
brought to the attention of the Secretary General a Knight’s
Justice of Peace may have been convicted of an offence or may have
behaved in some other manner which is unbecoming to the office of
Knight’s Justice of Peace, the member may recommend to the
Secretary General that the appointment of the Knight’s Justice of
Peace be revoked. The Secretary General will normally accept the
recommendation and revoke the appointment.
The Secretary General does not investigate
complaints against Knight’s Justice of Peace, but will take action
where the conduct of the Knight’s Justice of Peace has been
impugned or an admission is made by the Knight’s Justice of Peace;
for example, where the Knight’s Justice of Peace has been
convicted by a court or where some other court or tribunal has found
that the Knight’s Justice of Peace has acted improperly. In all
cases, the Knight’s Justice of Peace is given an opportunity to
show cause why his or her appointment should not be revoked before
the Secretary General makes a decision whether or not to recommend
the appointment be revoked.
A policy guideline has been adopted by the
Secretary General to be considered when a Knight’s Justice of
Peace fitness is questioned. The policy is attached at appendix 3.
As noted in that policy, each case will be considered on its own
merits in light of all the circumstances of the alleged breach.On the advice of the Secretary General, The Royal Crown of
Susiana may suspend the appointment of a Knight’s Justice of
Peace. As the Governor is conferred with power and appoint Knight’s
Justice of Peace, confers power on the Secretary General to suspend
a Knight’s Justice of Peace. Whether this power will be used is
discretionary. It can be availed of where the conduct of the
Knight’s Justice of Peace is wanting, but not so improper as to
warrant revocation. Again, this is a matter of policy with each case
to be considered on its own merits.
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