What is a Peace Commissioner?

The Role of a Peace Commissioner in Ireland Under the Courts of Justice Act 1924

In Ireland, the role of a Peace Commissioner is established under Section 88 of Courts of Justice Act 1924. Peace Commissioners play a vital role in various legal and administrative functions. In this short blog, we’ll delve into their role, responsibilities, and the significance they hold within the Irish legal system.

1. Appointment and Eligibility: Peace Commissioners are appointed by the Minister for Justice and Equality. They are typically individuals who hold positions of trust within their communities. According to the Courts of Justice Act 1924, section 88 subsection 1, the minister may “appoint and remove such and so many fit and proper persons as he shall think expedient”.

2. Role in Administering Oaths: One of the primary functions of a Peace Commissioner is “administering oaths and taking declarations, affirmations, informations, bonds and recognizances” per Section 88 subsection 3(c). This can be an essential service for citizens. A stamp is not required under the Courts of Justice Act 1924, the signature of the Peace Commissioner is sufficient. I use a stamp where necessary to facilitate declarations for certain documents where the relevant authority requires a stamp.

3. Signing Summonses and Warrants: a Peace Commissioner may sign Summonses and Warrants for the Gardai, this is provided under Section 88 subsection 3 (a) & (b)

4. Witnessing Signatures: Peace Commissioners can also act as witnesses to the signing of documents. This is particularly useful for legal contracts, property transactions, and other important agreements. Their role ensures the authenticity of signatures and documents.

5. Registration of Clubs: a Peace Commission may sign the certificate required by Section 2 of the Registration of Clubs (Ireland) Act, 1904 is provided for under Section 88 subsection 3 (f)

6. Other provisions: committing dangerous lunatics and idiots to lunatic asylums under Section 10 of the Lunacy (Ireland) Act, 1867, and providing for the remuneration of the medical officer and the examiner of lunatics under Section 14 of the Lunatic Asylums (Ireland) Act, 1875 ; and signing certificates for the admission of lunatics and idiots to lunatic asylums; condemning and ordering the destruction or disposal of any article intended for the food of man which appears to him to be diseased or unsound or unwholesome or unfit for the food of man under Section 133 of the Public Health (Ireland) Act, 1878 , as amended by Section 28 of the Public Health Acts Amendment Act, 1890.; Whenever any person charged with having committed an indictable offence shall be arrested by a member of the Gárda Síochána such person shall unless a Justice of a District Court is immediately available forthwith be brought before a Peace Commissioner, who after hearing such evidence as may be offered shall remand such person either in custody or in such bail as the Peace Commissioner shall think fit and remit the case for hearing before a Justice of the District Court. In practice this is not called for and operationally where relevant is handed by a judge of the District Court.

4. Legal Authority: While Peace Commissioners hold important legal responsibilities, it’s essential to note that they do not have the authority to provide legal advice or make legal decisions. Their role is strictly to witness documents and take declarations.

5. Community Service: Peace Commissioners often serve as a bridge between the legal system and the local community. Their presence in neighbourhoods and communities can help make legal processes more accessible and less intimidating for citizens.

6. Free Service: Importantly, the services provided by Peace Commissioners are free of charge. This makes it easier for individuals, particularly those from underserved communities, to access essential services without incurring additional costs.

7. Finding a Peace Commissioner in your area: your local Garda Station has a list of Peace Commissioners in your area and will provide you with contact details.

8. Potential Reform: A commitment to review how a Peace Commissioner is appointed is part of the Justice Plan 2023. Given that the act that establishes the role dates back to 1924 potentially other reforms may be recommended, ex. the Minister for Justice 29th June 2023

Here are some examples of the type of documents that a Peace Commissioner deals with:

• taking statutory declarations

• witnessing signatures if required by various authorities, which is particularly useful for legal contracts, property transactions, and other important agreements

• signing certificates and orders under various Acts

• registration of clubs, a Peace Commission may sign the certificate required by Section 2 of the Registration of Clubs (Ireland) Act, 1904 provided for under Section 88 subsection 3 (f)

Peace Commissioners in Ireland, established under the Courts of Justice Act 1924, play a pivotal role in making certain legal services more accessible and community-oriented. They help facilitate various legal processes, from taking statutory declarations to witnessing signatures, all while fostering a sense of trust and connection within their communities. While they don’t provide legal advice, their role provides a valuable service to the community within the Irish legal system.

To find a Peace Commissioner in your area, contact your local Garda station