1. Introduction

The purpose of this guide is to offer step-by-step advice for individuals navigating the Justice of the Peace (“JP”) Traffic Court. It aims to provide insight into what you can expect and how to prepare should you wish to advocate for yourself in court. This guide will include an outline of the Court process, your rights when self-litigating, and the relevant process to follow as a self-represented defendant.

Justices of the Peace are statutory officers (created by legislation) who are appointed by the Governor-General and are commonly referred to as “Justices” or “JPs.” JPs can have two general roles. The first is ministerial, where they fulfil administrative tasks such as witnessing signatures, certifying documents, and taking affidavits, affirmations and declarations.

JPs may also undergo training as judicial officers. In this capacity, they preside over minor cases in the District Court. They can impose fines and certain driving penalties, including license disqualification. Additionally, they can oversee preliminary hearings, bail applications and requests for remand and adjournment.

The JP Traffic Court occurs in the District Court and handles a range of low-level criminal matters. Specific statutes determine its jurisdiction (what it can and cannot do). The Court predominantly manages Police category 1 offences where only fines and community-based sentences may be granted: section 6 Criminal Procedure Act 2011 (“CPA”). Category 1 offences are not punishable by imprisonment. Instead, fines are the maximum penalty that the JP Traffic Court can impose. However, it is still possible to leave the JP Traffic Court with a criminal record, therefore, it is important to understand the process and your rights along the way. This guide does not include local Council traffic matters.

This Court also presides over challenged infringement notices that have been accepted for a court hearing. This is further detailed in Part 3 of this Guide.

Most matters that JPs deal with in the Traffic Court are found in the Land Transport Act 1998 (“LTA”) and its regulations.

Outcomes given in JP’s Court may include:

• fines;

• demerits (for a bad driving record);

• license disqualifications;

• diversions;

• compulsory driving tests/driving improvement courses;

• referral to support services/ practical courses.

The nature of your penalty will depend on the offence you are charged with, and the circumstances in which the offence occurred. The following table provides some common examples of the types of matters dealt with by JPs in the Traffic Court and their accompanying outcomes.