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GAZETTE
JULY/AUGUST 1982
BOOK REVIEW
Matrimonial Proceedings in Magistrates Courts by W.
A. W. Strachan. Sweet and Maxwell 1982.
The purpose of Mr Strachan's book is to provide a guide
to the Domestic Proceedings andMagistrates' Courts Act
1978 the main provisions of which came into force in
England and Wales in February, 1981.
One of the primary purposes of the Domestic Proceed-
ings and Magistrates' Courts Act, 1978, was to commence
the process towards uniformity between the law applicable
inMagistrates' Courts and the law applicable in the County
Court and High Court. It is interesting to observe that this
purpose is in direct contrast to the rationale behind the
Courts Act, 1981 and the Family Law (Protection of
Spouses and Children) Act, 1981, which attempt to oust
the Jurisdiction of the High Court in family law matters in
this Jurisdiction. In the Preface to his book Mr Strachan
states that since the enactment of the Divorce ReformAct,
1969, there was an irreconcilable dichotomy in the matri-
monial law applied inMagistrates' Courts as distinct from
the High Court and County Court. Matrimonial Law in the
High Court and County Court is governed primarily by the
Matrimonial Causes Act, 1973, whereas the law in Magis-
trates' Courts was until recently governed by the Matri-
monial Proceedings (Magistrates' Courts) Act, 1960.
Pursuant to the Domestic Proceedings and Magistrates'
Courts Act, 1978, the Magistrates' Court now has Juris-
diction to make Protection Orders and Exclusion Orders in
favour of applicant spouses. The applicant spouse however
must prove that the defending spouse has been guilty of
violence and unlike the Family Law (Protection of Spouses
and Children) Act, 1981, which applies to this Jurisdiction,
it is not sufficient for her to establish that it is in the interests
of her welfare or the welfare of her children to have the
defendant spouse prohibited from living in the family home.
Unlike the injunction relief available in the County Court
and High Court the Exclusion Order and Protection Order
can only be granted to husbands or wives.
Pursuant to the aforementioned Act Magistrates' Courts
can make Orders relating to Maintenance (including lump
sum payments up to £500), Affiliation Orders, Custody
Orders, Access Orders, Child Care Orders and limited
Orders relating to Adoption. Remedies such as Divorce,
Judicial Separation, and Orders relating to matrimonial
property are still reserved to the County Court and High
Court.
Magistrates' Courts constituted to hear and determine
domestic proceedings are now known as "Domestic
Courts" and the Magistrates' Courts Act, 1980, provides
that such a Court must be composed of not more than three
Justices of the Peace including as far as practicable both a
man and a woman. It is interesting to note that a Justice of
the Peace is only competent to sit in such a Court if he is a
member of a Domestic Court Panel specially appointed to
deal with domestic proceedings (there are however certain
• specified exceptions when these requirements need not be
observed).
The Lord Chancellor has directed that aMagistrate on
being appointed to the Domestic Court Panel will under-
take a course of instruction to be completed within a year of
appointment to the Panel. Basic training is designed to
enable the Magistrate to appreciate the place of the
Domestic Court in the judicial system, to understand the
background of the parties before the Court, to learn about
the nature, extent and effect of decisions to be made,
including the consequences and various procedures open to
the Court.
Unlike the situation in this Jurisdiction members of the
press are allowed attend and report quite extensively on
domestic proceedings. Members of the public can also
attend. However Magistrates' Courts still have powers to
hear proceedings
in camera.
An interesting feature of the Domestic Proceedings and
Magistrates' Court Act, 1978, is that Consent Orders can
not be made (unless relating to variation or enforcement of
Maintenance) without evidence being given which in effect
re-enforces the supervisory role of the Magistrates' Court.
It is interesting to note that once again unlike the law in
this Jurisdication the Magistrates' Court before deciding
whether to exercise its power shall considerwhether there is
any possibility of reconciliation between the parties and ifit
appears to the Court that there is a reasonable possibility of
such a reconciliation the Court may adjourn the proceed-
ings and request a Probation Officer or any other person to
attempt to effect a reconciliation.
Pursuant to the Magistrates' Courts Act, 1980, the
Magistrates' Courts must briefly record in writing the
matters in dispute and the reasons which lead to their
decision.
This book is obviously not going to attract very many
legal practitioners in this country because it deals with the
law and procedures ofanother Jurisdiction. The book how-
ever is reasonably well written and presented. Since there
are many interestingfeatures ofthematrimonial law applic-
able in Magistrates' Courts I would strongly recommend it
to everyone interested in reform in this area ofthe law in this
country.
Eugene Davy
THE LAW SCHOOL
BLACKHALL PLACE
Solicitors having a minimum of two years' experience
are invited to tutor in the Society's Law School in the
usual practice areas especially Civil Litigation and
Taxation (both Capital and Income). Existing
contributors need not apply in response to this appeal
— their continuing service is needed and appreciated.
Please send applications with details of experience to:
The Education Department,
Incorporated Law Society of Ireland,
Blackhall Place,
Dublin 7.
139