The Judge Advocate of New South Wales, also referred to as the Deputy Judge Advocate was a ranking judicial officer in the Colony of New South Wales until the abolition of the role in 1823.[1]
Before the First Fleet sailed from England to colonise New South Wales, Marine Captain David Collins was appointed Deputy Judge Advocate of the colony, and Judge Advocate of the marines.[1]
The Judge Advocate held office in several courts.
- He was one of a bench of two justices of the peace in the Magistrates' Court.[a][1]
- He was president of the Court of Criminal Jurisdiction.[1]
- He was one of a bench of three judges in the Court of Civil Jurisdiction until its abolition in 1814.[b][1]
- In the Court of Appeal of New South Wales, he was advisor to the colony's Governor, who was the sole appeal judge.[1]
From 1814,
- He was assessor of the High Court of Appeal of New South Wales.[1]
- He was one of a bench of three magistrates in the Governors Court.[1]
David Collins held office from 1788 until 1796. He was temporarily replaced by Richard Bowyer Atkins until Richard Dore arrived in 1798. Dore was the first judge-advocate with legal qualifications. He died in 1800. Atkins was re-appointed and held office until late 1809, although he was temporarily deposed during the Rum Rebellion of 1808.
At the end of 1809, Ellis Bent, a barrister, arrived from England to take up the appointment as judge-advocate. He held the office until his death on 10 November 1815.
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Transcription
ok ok We are the magistrates and we hear all the evidence in the case and decide whether the defendant is guilty or not guilty. It is for the prosecution to prove their case beyond all reasonable doubt otherwise we will dismiss it. Traditionally there are three magistrates. I'm the chair and will decide the case with my two colleagues If my two colleages can't agree I will have the deciding vote occasionally we may have to sit as a pair and then decide the case between us Although we've had some training, we are not legal professionals and we are not paid. Magistrates hear all summary offences within their jurisdiction. They can also hear triable either way offences where the defendant has agreed that this can be case. If we believe that a trial is too serious we can refer the case up to the crown court . Even after we have heard a case we can refer that case to the crown court if we believe that our sentencing powers are not sufficient. I'm the legal adviser to the justices although you make still hear me referred to as the clerk of the court or the magistrates clerk and I am legally trained. My job is to ensure that everything runs properly and all the proper procedures are followed I'll ask a defendant to enter a plea and I will ask witnesses to identify themselves. I will advise the magistrates on legal matters and I will ensure that only admissible evidence is put before the court. If a defendant is unrepresented, I will advise them to ensure they get a fair trial I'm the Usher and I ensure that all witnesses have answered their summons I'll fetch witnesses in when they're called and administer the oath or affirmation when the witness is giving evidence I'll pass exhibits around the court. I can even fetch a glass of water for someone if they are thirsty. You'll hear me say all rise on the prosecutors mister doctors and prosecution caps there are three things that I was proved to the satisfaction of the court firstly the offenses being committed secondly that the defendant has committed the offence lastly that all the evidence has been gathered in accordance with the correct evidence gathered procedures fell to do any of those things and the defendant is entitled to an acquittal ok I will ask questions prosecution witnesses to enable them to give evidence kind of us leading questions will suggest answers obviously I can only present evidence that has been gathered help if there is a case to answer and the defense call witnesses that I can cross examine those witnesses remember the prosecutors are only as good as the evidence they'll skip up photos miss la rollet interests Moncler I can challenge evidence is not been gathered family in accordance with the Police and Criminal Evidence Act 1984 and have the evidence excluded if if so required if you fat for exercise your house correctly can account adequately for all your actions initially little for me to challenge remember it's not for the defense to win the case for the prosecution's lose ok
List of Judge Advocates
| Name | From | Until | ||
|---|---|---|---|---|
| 1. |  |
David Collins[2] | 1788 | 1796 |
| 2. | Richard Bowyer Atkins[3] | 1796 | 1798 | |
| 3. | Richard Dore[4] | 9 September 1797 | 13 December 1800 (died) | |
| 4. | Richard Bowyer Atkins [c][3] | 1800 | 1809 | |
| Anthony Fenn Kemp [c][5] | January 1808 | December 1808 | ||
| 5. |  |
Ellis Bent[6] | 1810 | 10 November 1815 (died) |
| Frederick Garling [d][7] | 12 December 1815 | 5 October 1816 | ||
| 6. | John Wylde[8] | 5 October 1816 | 1824 |
Notes
- ^ Replaced in 1821 by the Local Court of New South Wales.
- ^ Succeeded by the Supreme Court of Civil Judicature of New South Wales, in which the Judge Advocate did not serve.
- ^ a b Following the Rum Rebellion in January 1808, Major George Johnston who was acting as governor, purported to suspend Atkins and appoint Kemp as acting deputy judge advocate. In that capacity Kemp sat in the illegal court which tried William Gore for perjury.[5] Atkins was reinstated in December 1808.[3]
- ^ Acting Deputy Judge Advocate following the death of Ellis Bent until the arrival of John Wylde
References
- ^ a b c d e f g h i "Judge Advocate of New South Wales". State Records. Government of New South Wales. Retrieved 12 April 2021.
- ^ "Collins, David (1756–1810)". Australian Dictionary of Biography. National Centre of Biography, Australian National University. ISSN 1833-7538. Retrieved 23 February 2019.
- ^ a b c Bennett, J M. "Atkins, Richard (1745–1820)". Australian Dictionary of Biography. National Centre of Biography, Australian National University. ISSN 1833-7538. Retrieved 23 February 2019.
- ^ Allars, K G. "Dore, Richard (1749–1800)". Australian Dictionary of Biography. National Centre of Biography, Australian National University. ISSN 1833-7538. Retrieved 23 February 2019.
- ^ a b Kemp, Murray C. "Kemp, Anthony Fenn (1773–1868)". Australian Dictionary of Biography. National Centre of Biography, Australian National University. ISSN 1833-7538. Retrieved 23 February 2019.
- ^ Currey, C H. "Bent, Ellis (1783 - 1815)". Australian Dictionary of Biography. National Centre of Biography, Australian National University. ISSN 1833-7538. Retrieved 23 February 2019.
- ^ McIntyre, Joanna. "Garling, Frederick (1775–1848)". Australian Dictionary of Biography. National Centre of Biography, Australian National University. ISSN 1833-7538. Retrieved 23 February 2019.
- ^ McKay, R J. "Wylde, Sir John (1781–1859)". Australian Dictionary of Biography. National Centre of Biography, Australian National University. ISSN 1833-7538. Retrieved 23 February 2019.
This page was last edited on 10 June 2021, at 11:30