Mr Dodovu moved for the adoption of the treat. No objections are raised in response to the extradition treaty with the Republic of Bangladesh. Mr Dodovu moved for the adoption of the treaty. The treaty was seconded and accepted with no objection.
The Chairperson explains that the Committee has been guided through almost half of the bill already. They have been working closely with Mr Robbertse on the amendments and have indicated that they are happy with the proposed amendments so far as it affects them.
The NPA, although not present today, are also satisfied with the amendments. The amendments include both technical and substantive changes. Mr Michalakis commended Mr Robbertse on the work he has done on the bill. However, he voiced concern about the amendments to clause 32 and 33 in the bill, which, he believed, afforded too much discretionary power to the police service.
Mr Mthethwa was also concerned about the power afforded to standard police officers. He argued that the scope allowed under Chapter 4 of the bill, especially clauses He asked how these powers will be monitored, what oversight there is and if they can perform these functions without approval from higher authority? The Chairperson asks whether Mr Robbertse believed that the changes proposed, insofar as they address issues of gender and deal with gender discrimination, will prove effective.
In terms of Clause 40, Mr Robbertse provided some context. ESPs will not be issued an operating licence otherwise. However, that directive does not compel ESPs to collect call related information.
Mr Robbertse stated that he had drafted a directive that would require this type of call data collection from ESPs. He could ask the Department of Communications to promote this directive. However, in the interim it is more practical for ESPs to collect call data on a case by case basis.
Regarding the view by some ESPs that these procedures which require them to store intercepted information will entail additional costs, Mr Robbertse believed this was incorrect. If there is mutual legal assistance, this process is already in the RICA rules and law enforcement agencies will simply collect the data and hand it over to the relevant authorities. For instance, if someone went missing and the police had their cell phone, it would take too long to authorise a warrant to access this phone data.
The bill only allows police to access this type of sensitive data in emergency situations. Within the bill, additional safeguards are built in. In Clause 36 there is criteria for how police must deal with search and seizure as explicated in Clause 32 and If unauthorised search and seizure is conducted, the police official will be in contravention of clause 37 and there will then be criminal consequences.
Furthermore, if a police officer without the relevant authority accesses this information, they are acting in violation of the Cybercrimes Bill. Courts can also hold police officers accountable if injuries are suffered. Mr Robbertse further explained that Clause This procedure does away with the intrusive nature of a search and seizure operation.
In terms of Clause 41, expedited preservation of evidence may be issued by a police official and can only be extended once, under clause 42 to a maximum of 90 days. The person preserving that data may not give that data to police unless they have a directive in terms of section With respect to clauses 32 and 33, there is no margin for police to act without authority.
The Chairperson said that this was not the end of deliberation on this bill and the Committee will be engaging with it further. Magistrates are members of the local community appointed by the Lord Chancellor to sit in magistrates' courts and decide on cases brought before them. Magistrates are appointed from the age of 18 and all magistrates retire at the age of Of the 30, lay magistrates in England and Wales today, almost half are women.
No formal or legal qualifications are required but magistrates need intelligence, common sense, integrity and the capacity to act fairly. Each applicant is carefully assessed for judicial potential as it is essential that a magistrate can identify relevant issues and deal with them even-handedly; establish an independent position and discuss it without either dominating the discussion or giving way to others. Applicants are asked to complete an application form which can be obtained from www.
There are usually two interviews and the Advisory Committee appointed by the Lord Chancellor are responsible for making sure that magistrates are drawn from many walks of life and are representative of their local community.
About 1, new magistrates are appointed each year to one of 58 Commission Areas either a shire county or a former metropolitan county - there are five in London and in the City.
Each magistrate is assigned to serve in a petty sessions area within the commission area. The number of magistrates in each petty session area called a bench varies from about a dozen to five hundred.
All magistrates are carefully trained before sitting and continue to receive training throughout their service. Training courses take place during the first two years following appointment and cover such topics as basic rules of court procedure, current legislation, sentencing powers and options, decision making and communication skills.
Mentoring, on-the-job training, observations in court and visits to other institutions also form part of the training programme. As magistrates become more experienced they continue to undertake training to ensure they remain competent. For example, newly appointed magistrates are paid 75 percent of the base salary specified for their county's population size.
After two years of service, this magistrate salary increases to 85 percent, further increasing incrementally until they have completed four years of service. The base salary in reference depends on local judges' salaries; for example, for counties with more than , residents, the base salary for a magistrate equals 55 percent of a circuit court judge's salary for the previous fiscal year.
The same stipend may apply in other states. Judges and hearing officers can expect occupations for their professions to increase by 3 percent from , according to the U. High Court judges earn more than this. While this figure is hardly a modest sum to the average Australian, it was actually a substantial pay cut for Justice Bathurst, who used to be a barrister before joining the bench.
Since the vast majority of judges come from within the ranks of senior barristers, it is actually typical that they will make a financial sacrifice by accepting a judicial position. Having said that, the generous superannuation package offered to judicial offers goes some way may be the only way to evening out the impact. Attracting talent is important in any industry or profession.
And without any financial incentive, it is likely that roles may attract a lower caliber of applicants. Another argument in favour of high pay rates is that, in countries where judges are not paid well, the temptation for bribery may arise. But judicial officers already have a high workload, way beyond the hours they are actually sitting in court. Trials also now take much longer than they did decades ago.
Today, this is completely different, with trials lasting months, even years. The role of the magistrates in the Local Court may significantly vary from day to day.
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