The laws of England were introduced in Australia with the arrival of the first fleet.
The first governor of the colony, Arthur Phillip, was authorised to convene a criminal court in the colony of New South Wales by an act of the English parliament. Further a Charter of Justice created a civil jurisdiction and Letters Patent a Vice Admiralty Court. These courts were run along military lines and were often constituted by a panel. The office of Justice of the Peace was an old one at English law and was adapted for local conditions in the colony and heard cases such as breaches of the peace, petty larcenies, prisoners charged with neglect of work and trivial complaints of drunkenness and disorderly behaviour.
Researchers may have discovered their ancestors having brushes with the law and being brought before justices or a police magistrate. This presentation will explain the reasons behind the creation of the office of police magistrate, which appears to be peculiar to the Australian colonies and originated in New South Wales before being established in Queensland with separation.
It will also discuss the interaction and differences between Justices of the Peace, magistrates, police magistrates, stipendiary magistrates and judges and examine the types of justice meted out by those appointed to these positions.
Presenter: Kay Ryan
Colonial Justice: Police Magistrates and Justices of the Peace
