Magistrates Amendment Act 2009
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BERMUDA

2009 : 31

MAGISTRATES AMENDMENT ACT 2009

[Date of Assent: 14 July 2009]

[Operative Date: 14 July 2009]

WHEREAS it is expedient to make provisions with respect to the

judicial immunity of Magistrates and other persons eligible to perform

judicial acts:

Be it enacted by The Queen's Most Excellent Majesty, by and

with the advice and consent of the Senate and the House of Assembly of

Bermuda, and by the authority of the same, as follows:

Short title

1 This Act may be cited as the Magistrates Amendment Act 2009.

Inserts section 10A

2 The Magistrates Act 1948 is amended by inserting the following

section next after section 10—

“Scope of magistrate’s immunity

10A (1) Subject to this section, a magistrate shall be immune

from any personal civil liability in respect of his judicial acts

whether within or without jurisdiction.

(2) Nothing in subsection (1) shall in any way impair the

availability of other forms of relief in respect of decisions of

courts of summary jurisdiction, including appeals, applications

for judicial review and applications for redress under section 15

of the Bermuda Constitution.

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(3) The common law rules governing the criminal liability

of superior court judges in the exercise of their judicial functions

shall henceforth apply to any magistrate when acting in a

judicial capacity.

(4) For the purposes of this section “magistrate” includes

a justice of the peace and any person appointed to sit as a

member of a Special Court or required by law to carry out any

other judicial function.”.

Consequential amendments and savings

3 (1) Sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12 and 13 of the

Protection of Justices Act 1897 are repealed.

(2) Any provision of the Protection of Justices Act 1897 found

to be inconsistent with any provision of this Act shall, to the extent of the

inconsistency, be void.