SOWK 2021: Administration of Justice
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Questions and Answers

Who is the principal legal adviser to the Government of Jamaica?

  • The Attorney General (correct)
  • The Children’s Advocate
  • The Director of Public Prosecutions
  • The Solicitor General

    • The Solicitor General is a politically appointed office.

    False

    What year was the office of the Solicitor General created?

    1939

    The Office of the Director of Public Prosecutions was created by Section 94 of the __________.

    <p>Jamaica (Constitution) Order in Council 1962</p> Signup and view all the answers

    Match the following officials with their titles:

    <p>Dr Derrick McKoy = Attorney General Marlene Lynch-Aldred = Solicitor General Claudette Thompson = Acting Director of Public Prosecutions Mrs Diahann Gordon Harrison = Children’s Advocate</p> Signup and view all the answers

    Which office is responsible for instituting all civil proceedings by or against the Government?

    <p>Attorney General</p> Signup and view all the answers

    The Director of Public Prosecutions is a permanent public officer.

    <p>True</p> Signup and view all the answers

    What act empowers the Solicitor General to perform the duties of the Attorney General?

    <p>Solicitor General’s Act</p> Signup and view all the answers

    What year was the Office of the Children's Advocate established?

    <p>2006</p> Signup and view all the answers

    The Registrar General's Department was established by the Registrar (Births and Deaths) Act in 1881.

    <p>True</p> Signup and view all the answers

    What is the primary purpose of the Office of the Children's Advocate?

    <p>To protect and enforce the rights and best interest of children.</p> Signup and view all the answers

    The Court Management Services was set up in _____ by the Government of Jamaica.

    <p>August 2001</p> Signup and view all the answers

    Which of the following is NOT listed as an office of governance?

    <p>Ministry of Education</p> Signup and view all the answers

    Match the following offices with their descriptions:

    <p>Registrar of Births and Deaths = Ensures children born in Jamaica are registered Office of the Political Ombudsman = Oversees political conduct Office of the Public Defender = Provides legal representation for the public Rent Board = Regulates rental disputes</p> Signup and view all the answers

    Marriages can only be carried out by a religious ceremony according to the Marriage Act.

    <p>False</p> Signup and view all the answers

    What ministries collaborated to set up the Court Management Services?

    <p>Ministry of Justice and Public Sector Modernization Division.</p> Signup and view all the answers

    Which court falls between the superior and inferior courts in the Jamaican Justice System?

    <p>Intermediate Court</p> Signup and view all the answers

    The Court of Appeal is considered the trial court in the Jamaican Justice System.

    <p>False</p> Signup and view all the answers

    What is the highest court in the Jamaican court system?

    <p>Privy Council</p> Signup and view all the answers

    Jamaica's Justice system is based on the system in the __________.

    <p>United Kingdom</p> Signup and view all the answers

    Match the following Jamaican courts with their classifications:

    <p>Parish Court = Inferior Court Supreme Court = Superior Court Intermediate Court = Between Superior and Inferior Court Court of Appeal = Appellate Court</p> Signup and view all the answers

    Which of the following matters can be dealt with in the Supreme Court?

    <p>Custody applications</p> Signup and view all the answers

    The Revenue Court was established in 1974.

    <p>False</p> Signup and view all the answers

    What is the primary function of the Parish Court?

    <p>To handle civil and criminal matters at a limited jurisdiction.</p> Signup and view all the answers

    The _______________ was created to handle specific criminal cases such as weapon possession.

    <p>Gun Court</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Family Matters = Divorce, nullity, and custody applications Circuit Court = Court sessions held throughout the year Parish Court = Intermediate court of record Commercial Court = Court dealing with business-related disputes</p> Signup and view all the answers

    What is the main purpose of the Privy Council in the context of appeals?

    <p>To hear matters of egregious error and substantial miscarriage of justice</p> Signup and view all the answers

    Judges in the Court of Appeal must have been attorneys for at least 10 years.

    <p>True</p> Signup and view all the answers

    How many judges typically make up a Court of Appeal?

    <p>Three</p> Signup and view all the answers

    The __________ is the highest first instance court in the justice system structure.

    <p>Supreme Court</p> Signup and view all the answers

    Match the following courts with their primary functions:

    <p>Privy Council = Review cases of egregious error Court of Appeal = Hear appeals on matters of law Supreme Court = Trial court for serious cases Family Court = Handle family law matters</p> Signup and view all the answers

    Which statement about the Court of Appeal is correct?

    <p>It adjudicates on matters of law with no jury.</p> Signup and view all the answers

    Appeals to the Privy Council are always guaranteed as a right.

    <p>False</p> Signup and view all the answers

    Which of the following is NOT a court jurisdiction mentioned?

    <p>Criminal Court</p> Signup and view all the answers

    What type of jurisdiction does the Court of Appeal have?

    <p>Appellate jurisdiction</p> Signup and view all the answers

    The Lay Magistrates’ Court has appellate jurisdiction.

    <p>False</p> Signup and view all the answers

    What types of applications are dealt with at the Parish Court regarding family matters?

    <p>Maintenance of Children, Maintenance of Spouse, Custody, Protection from Domestic Violence, Declaration of Paternity, Declaration of Property Ownership, Adoption</p> Signup and view all the answers

    An expert witness is someone who possesses superior knowledge about a __________.

    <p>subject</p> Signup and view all the answers

    Match the court jurisdiction with its description:

    <p>Family Court = Handles custody and maintenance applications Gun Court = Deals with offenses involving firearms Coroner’s Court = Investigates deaths that are sudden or unexplained Small Claims Court = Handles smaller monetary disputes</p> Signup and view all the answers

    Which court is known to hear appeals?

    <p>Court of Appeals</p> Signup and view all the answers

    Justices of the Peace are required for the proper constitution of the Lay Magistrates’ Court.

    <p>True</p> Signup and view all the answers

    What type of offenses does the Lay Magistrates’ Court generally handle?

    <p>Minor criminal or lesser judicial matters</p> Signup and view all the answers

    Study Notes

    Administration of Justice in Jamaica

    • The Ministry of Justice relies on several agencies and departments for assistance, including the Attorney General, Solicitor General, Director of Public Prosecutions, and the Children's Advocate.
    • The Attorney General is the chief legal officer in Jamaica according to Section 79(1) of the Constitution.
    • The Attorney General is politically appointed.
    • The Attorney General offers legal advice to the Jamaican Government.
    • All civil proceedings by or against the Jamaican government are initiated in the name of the Attorney General.
    • The Solicitor General is a civil servant who reports to the Attorney General, handling duties and responsibilities of the Attorney General.
    • The Solicitor General heads the Attorney General's Chambers.
    • The Children's Advocate office is mandated to protect and enforce children's rights and best interests.
    • Established under the Child Care and Protection Act (2004) in 2006.
    • The Office of the Director of Public Prosecutions (DPP) is established by Section 94 of the Jamaica (Constitution) Order in Council 1962.
    • The DPP is a permanent public officer based in the Attorney General's Chambers.
    • Other governmental offices include the Registrar of Companies, Registrar of Births and Deaths, Office of the Political Ombudsman, Office of the Public Defender, Rent Board, Office of Utilities Regulation, JDF, Firearm and Licensing Authority.
    • The Registrar of Births & Deaths, originally formed in 1881, ensures all children born in Jamaica are registered and records are kept of all deaths
    • The Registrar General of Births and Deaths also manages marriages.
    • Court Management System (CMS) was set up in 2001 in an attempt to improve justice administration and improve judiciary input in the courts administrative services
    • Jamaica's justice system is based on the system in the UK.
    • The Jamaican court system has 5 tiers and 3 classifications of courts.
    • Precedents from English Law and British Commonwealth traditions are applied.

    Classification of Courts

    • Inferior Courts/summary courts: Parish Court (previously RM Courts) & Petty Sessions (Lay Magistrates' Court)
    • Superior Courts or Courts of Record: High Court or Supreme Court and Court of Appeal
    • Privy Council (England) or Caribbean Court of Justice: Highest court outside Jamaica for extreme cases. High costs involved in appealing to this court

    Superior Courts or Courts of Record

    • They comprise the High Court or Supreme Court and the Court of Appeal and have the authority and jurisdiction conferred on them by the constitution and other laws.
    • Supreme Court is the trial court (court of first instance), while the Court of Appeal hears appeals.

    The Court of Appeal

    • Headed by six judges, appointed by the Governor-General based on judicial services commission recommendations from the Prime Minister.
    • Judges must be bar members in Jamaica, England, Scotland, or Northern Ireland and have a minimum of 10 years of legal practice experience.
    • They only have appellate jurisdiction and do not review evidence or facts.
    • They hear appeals from parish courts, family courts, high courts, courts of first instance, and specialized courts.
    • Procedure is governed by statute (may confirm, overturn, or vary judgments in any cases).
    • Appeals are right only for exceptional cases concerning the violation of constitutional rights. Other cases must seek leave to appeal.

    The Supreme Court

    • Highest first instance court.
    • It utilizes verbatim writers for court proceedings records (approx. 7 years).
    • Has unlimited jurisdiction and hears cases from all 14 parishes.
    • Has divisions including Criminal, Civil, Commercial, Review/Constitutional.
    • Revenue Court was established after independence in 1971.
    • Gun Court established in 1974.
    • Commercial Court was added later in 2001.

    Family Matters

    • Divorce, nullity, related proceedings, and applications for a division of matrimonial property, custody, appointment of legal guardian, or declaration of paternity.

    Circuit Court Sittings

    • Hilary Term (January-March), Easter Term (April-July), Summer/Special Sitting (late July-early September), Michaelmas Term (September-December).
    • Note: Gun Court (Kingston) and Western Regional Gun Court (WRGC) sit year-round, except on weekends and public holidays.

    Courtroom Setup

    • Diagram displays the layout of a courtroom with locations for judges, juries, clerk, bailiff, prosecution, defence, witness stand, and audience section.

    Parish Court (Resident Magistrate's Court)

    • Intermediate court of record, inferior court of record, governed by statute
    • One judge per parish.
    • Divisions for civil and criminal matters, with limited jurisdiction.
    • Cases up to Ja$1M & 250,000 for civil matters.
    • No power to hold a trial for certain criminal offences. Cases including murder, treason, and rape require a preliminary examination.
    • Appeals are heard in the Court of Appeal.
    • Includes Family Court, Traffic Court, Coroner's Court, Small Claims Court, Drug Court, Night Court, and Tax Court as part of its jurisdiction.

    Lay Magistrates' Court (Petty Sessions)

    • Lowest tier of courts (1st tier).
    • Presided over by three Justices of the Peace. Needs at least 2 JPs to be properly constituted.
    • They can issue warrants for non-compliance with summons.
    • Hears minor criminal cases, including threats, stone-throwing, resisting arrest, indecent language, and assault of a police officer.
    • No appellate jurisdiction.
    • Petty sessions courts are courts with primarily criminal jurisdiction.
    • They issue summons and warrants for arrest and may grant bail.
    • Appeals usually go to the Parish Court and then to the Court of Appeal.

    Expert Witness

    • Expert witnesses can offer opinions and conclusions based on specialized experience and superior knowledge in certain subjects. These are not within the ability of average individuals to comprehend.

    Social Enquiry Report (SER)

    • Used before sentencing in both criminal and civil proceedings.
    • Reports contain information about the defendant's social background, environment, and living conditions.
    • Helps judges make decisions about sentencing. Used to assess living conditions of parties/personalities involved.

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    Administration of Justice in Jamaica PDF

    Description

    Explore the key agencies and roles involved in the administration of justice in Jamaica. This quiz covers the responsibilities of the Attorney General, Solicitor General, and the Children's Advocate, highlighting their significance within the Jamaican legal system. Assess your knowledge of the constitutional framework and various legal institutions.

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