Judicial Council Act 2019
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Functions of Council | ||
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7. (1) The functions of the Council shall be to promote and maintain— | ||
(a) excellence in the exercise by judges of their judicial functions, | ||
(b) high standards of conduct among judges, having regard to the principles of judicial conduct requiring judges to uphold and exemplify judicial independence, impartiality, integrity, propriety (including the appearance of propriety), competence and diligence and to ensure equality of treatment to all persons before the courts, | ||
(c) the effective and efficient use of resources made available to judges for the purposes of the exercise of their functions, | ||
(d) continuing education of judges, | ||
(e) respect for the independence of the judiciary, and | ||
(f) public confidence in the judiciary and the administration of justice. | ||
(2) Without prejudice to the generality of subsection (1), the Council shall— | ||
(a) review a proposal, report or recommendation submitted to it by the Board under section 11 (1)(c), | ||
(b) consider a matter referred to it by a committee under section 16 (5), | ||
(c) if appropriate, make decisions in relation to a proposal, report or recommendation referred to in paragraph (a) or a matter referred to in paragraph (b), | ||
(d) adopt and publish in such manner as it considers appropriate— | ||
(i) guidelines concerning judicial conduct and ethics prepared and submitted to the Board by the Judicial Conduct Committee under section 43 (3)(d) with the modifications (if any) made by the Board under section 11 (1)(f), or | ||
(ii) amendments to guidelines concerning judicial conduct and ethics so prepared and submitted under section 43 (3)(e) with the modifications (if any) made by the Board under section 11 (1)(f), | ||
as soon as practicable, and in any event not later than 12 months, after such submission, | ||
(e) develop and manage schemes for the education and training of judges, | ||
(f) prepare and disseminate information and materials among judges for their use in the exercise of their functions, | ||
(g) adopt— | ||
(i) draft personal injuries guidelines prepared and submitted by the Personal Injuries Guidelines Committee to the Board under section 18 (2)(a) with the modifications (if any) made by the Board under section 11 (1)(d), or | ||
(ii) any draft amendments to personal injuries guidelines prepared and submitted by that Committee to the Board under section 18 (2)(b) with the modifications (if any) made by the Board under section 11 (1)(d), | ||
as soon as practicable, and in any event not later than 12 months, after such submission and publish the personal injuries guidelines and amendments in such manner as it considers appropriate as soon as practicable following such adoption, | ||
(h) adopt and publish in such manner as it considers appropriate— | ||
(i) sentencing guidelines prepared and submitted to the Board by the Sentencing Guidelines and Information Committee under section 23 (2)(a) with the modifications (if any) made by the Board under section 11 (1)(e), or | ||
(ii) amendments to sentencing guidelines so prepared and submitted under section 23 (2)(b) with the modifications (if any) made by the Board under section 11 (1)(e), | ||
as soon as practicable, and in any event not later than 12 months, after such submission, | ||
(i) promote among judges, in such manner as it considers appropriate, an understanding of the principles governing the assessment and award of damages for personal injuries, | ||
(j) subject to section 23 , promote an understanding of sentencing principles and practice among judges and persons other than judges in such manner as it considers appropriate, | ||
(k) establish, maintain and improve communication with— | ||
(i) bodies representing judges appointed to courts of places other than the State, and | ||
(ii) international bodies representing judges, | ||
and | ||
(l) assist with the provision of support to judges generally. | ||
(3) The Council shall have all such powers as are necessary or expedient for the performance of its functions, including the power— | ||
(a) to establish committees in accordance with this Act, and | ||
(b) to delegate any of its functions to a committee. | ||
(4) The Council may for the purposes of the performance of its functions or the functions of a committee— | ||
(a) enter into contracts or arrangements, and | ||
(b) exercisable only with the consent of the Minister, engage consultants or advisers. | ||
(5) Notwithstanding any other provision of this Act, the functions referred to in paragraphs (a) to (d) and paragraphs (g) and (h) of subsection (2), other than in so far as the functions referred to in paragraphs (d), (g) and (h) refer to publication, shall not be— | ||
(a) performed by the Board on behalf of the Council, | ||
(b) delegated to a committee, or | ||
(c) otherwise performed by any person other than the Council. |