Paragraph 94 Judicial Service Commission

United Kingdom

(1)

There shall be a Judicial Service Commission for St Helena (“the Commission”) which shall consist of—

(a)

the Chief Justice, who shall preside;

(b)

the Attorney General;

(c)

the Public Solicitor, if a person for the time being holds that office; and

(d)

a person who has St Helenian status who is neither a Member of the Legislative Council, an officer of the St Helena Public Service, a judge or a judicial officer, appointed by the Governor, acting in his or her discretion, for a term of three years.

(2)

The office of the member of the Commission appointed under subsection (1)(d) shall become vacant if—

(a)

he or she becomes an officer of the St Helena Public Service, accepts appointment as a judge or a judicial officer, or becomes a Member of the Legislative Council;

(b)

he or she resigns from office by writing under his or her hand addressed to the Governor; or

(c)

the Governor, acting in his or her discretion, and being satisfied that the member should be removed from office on the ground of inability to discharge the functions of the office (whether arising from infirmity of body or mind or from any other cause) or misbehaviour, removes that member from office.

(3)

The Governor, acting in his or her discretion, may suspend the member from office while his or her removal from office on a ground referred to in subsection (2)(c) is under investigation.

(4)

No business shall be transacted by the Commission unless—

(a)

all members are present at a meeting in St Helena or elsewhere; or

(b)

if they are in different places, all members are able to communicate with one another about that business in ways that they agree are appropriate in the circumstances.

(5)

All questions before the Commission shall be decided by a majority of the votes of its members; and if, on any question, the votes are equally divided, the Chief Justice shall have and exercise a casting vote.

(6)

The Commission may, of its own motion or at the request of the Executive Council or of an organisation that is representative of judicial officers—

(a)

make recommendations to the Governor on the appointment of judicial officers;

(b)

consider and, if it so decides, make recommendations to the Governor on, the removal from office of a judicial officer on a ground referred to in section 93(1); and

(c)

exercise such other functions as may be conferred on it by law.

(7)

In the exercise of its functions the Commission shall act independently and shall not be subject to the direction or control of the Governor, the Executive Council or any other person or authority.

(8)

No member of the Commission shall be personally liable for the consequences of any act done or omitted by the Commission in good faith in pursuance or intended pursuance of the Commission’s functions; and if any such liability is established, it shall be that of the Crown.

Notes on Schedule

Modifications

C1: Sch. modified (22.8.2020) by The Overseas Territories (Constitutional Modifications) Order 2020 (S.I. 2020/780), arts. 1(2), 3(2)

Commencement

I1: Sch. in force at 1.9.2009, see art. 1(3)