SOWK 2021: Administration of Justice

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.