PRACTICE DIRECTION

No. 2 of 2007

Admission to Courts and Related Matters

I, Arnold George Shott, as Chief Magistrate of Tasmania, pursuant to the Magistrates Court Act 1987 sections 15 and 15AA and the Admission to Courts (Lower Courts) Regulations 2006 (‘the Regulations’), hereby determine as follows:

1. Exemption from Disclosure of Identity

Pursuant to regulation 6 of the Regulations, an authorized officer must not exercise the powers conferred by that regulation in respect of a person who:

(a) claims to be a legal practitioner, barrister, a police officer of the Commonwealth or State or Territory of the Commonwealth (’a police officer’), or member of the State Service of the State or the Public Service of the Commonwealth in the course of their duty, and who

(b) immediately provides satisfactory proof of the truth of that claim.

2. Exemption from Search, Seizure & Possession of Prohibited Things

Pursuant to regulation 7 of the Regulations,

(a) an authorized officer must not exercise the powers conferred by regulation 7(1) in respect of a person who:

(i) claims to be a legal practitioner, barrister, a police officer, or member of the State Service of the State or the Public Service of the Commonwealth in the course of their duty, and who

(ii) immediately provides satisfactory proof of the truth of that claim.

(b) regulation 7 does not apply to a prohibited thing that is in the possession of a person referred to in paragraph 2(a) if that thing is required as an exhibit in proceedings pending that day before a lower court sitting in that building and that thing does not constitute a hazard,

(c) regulation 7 does not apply to a prohibited thing in the possession of a police officer that is part of the officially authorized accoutrements of that person in those circumstances,

(d) nothing in the Regulations prevents a police officer in the course of his or her duty from being in possession, in any court room in which a lower court is sitting, of any device provided that device is not operating, except in circumstances of emergency.

(e) this Practice Direction is to be read as incorporating the authorisations set out in

· “Guidelines For Audio-Recording Of Court Proceedings By Media Representatives” issued by the Chief Magistrate and dated 22 October 1998;

· “Direction as to the Presence and Use of Cameras, Audio-Recording Equipment, Radio Receivers, Transmitters and Pagers On Court Premises” issued by the Chief Magistrate and dated 16 November 2001;

(f) except as set out in paragraph 2(d) and (e) nothing in this Practice Direction authorises any person to have in his or her possession in a court room in which a lower court is sitting a prohibited thing without the consent of the presiding judicial officer or in circumstances of an emergency that reasonably require the presence of such item.

3. Police Powers on Court Precincts

A Police Officer is an authorised officer and may, pursuant to regulation 8 of the Regulations, arrest and remove persons from court precincts only for the purpose of securing order or safety in, or the security or management of, the court.

However, Police Officers are not otherwise permitted to arrest persons, or execute any warrant, on court precincts except in circumstances of emergency.

[Note to paragraph 3: This Direction seeks to re-affirm the neutral nature of Court premises, to remove a potential reason for persons avoiding attendance at court as required by a summons or bail order, and to otherwise avoid hampering the administration of justice. Exercise of such powers of arrest or execution of warrants may also constitute a contempt of court]

4. Court Officers

Pursuant to regulation 10 of the Regulations, I appoint the persons who hold the following offices, in an acting capacity or otherwise, and whether officially styled as such or not, within the Magistrates Court of Tasmania to give directions to authorized officers in respect of the lower courts, namely,

(a) the Administrator and Deputy Administrator of Courts,

(b) a Clerk or Deputy Clerk of Petty Sessions,

(c) a Registrar, Deputy Registrar, District Registrar or Deputy District Registrar,

(d) Chief Clerk (Coronial)

(e) Manager, Finance and Facilities

(e) a Court Clerk

This Practice Direction commences on 16 April, 2007, on which day all Practice Directions made and authorisations conferred by the Chief Magistrate pursuant to the Admission to Courts Regulations 1995 shall be revoked.

DATED the 29 day of March 2007

(Sgd) A G Shott

A G Shott
CHIEF MAGISTRATE