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Questions and Answers
Which of the following is NOT one of the divisions that the Gun Court may sit in?
Which of the following is NOT one of the divisions that the Gun Court may sit in?
What legislation establishes the Gun Court?
What legislation establishes the Gun Court?
The Gun Court Act, 1974
The Justices of the Peace Jurisdiction Act gives power to Residents Magistrates to preside over the Court of Petty Sessions.
The Justices of the Peace Jurisdiction Act gives power to Residents Magistrates to preside over the Court of Petty Sessions.
False
What type of jurisdiction does the Court of Petty Sessions exercise over minor criminal offences?
What type of jurisdiction does the Court of Petty Sessions exercise over minor criminal offences?
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The Court of Appeal has appellate jurisdiction over all matters of law and fact.
The Court of Appeal has appellate jurisdiction over all matters of law and fact.
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The Supreme Court is the highest superior court of record in Jamaica.
The Supreme Court is the highest superior court of record in Jamaica.
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The Chief Justice of Jamaica is appointed by the Governor-General on the recommendation of the Leader of the Opposition.
The Chief Justice of Jamaica is appointed by the Governor-General on the recommendation of the Leader of the Opposition.
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The Court of Appeal, while responsible for the arrangement of the work of the court, must always be presided over by the President.
The Court of Appeal, while responsible for the arrangement of the work of the court, must always be presided over by the President.
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What legislation establishes the Court of Appeal?
What legislation establishes the Court of Appeal?
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The Judicial Committee of the Privy Council is the ultimate court of appeal for Jamaica.
The Judicial Committee of the Privy Council is the ultimate court of appeal for Jamaica.
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The Judicature (Family Court) Act, 1975 established the Family Court to specifically handle divorce cases.
The Judicature (Family Court) Act, 1975 established the Family Court to specifically handle divorce cases.
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Which court handles appeals from the Family Court?
Which court handles appeals from the Family Court?
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The Revenue Court, established under the Judicature (Revenue Court) Act, 1975, is part of the Supreme Court.
The Revenue Court, established under the Judicature (Revenue Court) Act, 1975, is part of the Supreme Court.
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The Drug Court, established under the Drug Court (Treatment and Rehabilitation of Offenders) Act, 2001, has the same procedures as the Resident Magistrate Court.
The Drug Court, established under the Drug Court (Treatment and Rehabilitation of Offenders) Act, 2001, has the same procedures as the Resident Magistrate Court.
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Match the following courts with their jurisdiction
Match the following courts with their jurisdiction
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Study Notes
Jamaican Court System
- Jamaica's court system is hierarchical, with the Caribbean Court of Justice at the apex.
- The Judicial Committee of the Privy Council is a former apex court, now superseded by the Caribbean Court of Justice.
- The Supreme Court is a superior court of record.
- The Court of Appeal is an intermediate appellate court.
- Resident Magistrates' Courts are inferior courts of record, located in each parish's capital town.
- Parish Courts are a former name for Resident Magistrates' Courts.
- The Gun Court deals with firearm-related offenses, with different divisions for different types of offenses.
- The Circuit Court, staffed by Supreme Court judges, circulates to various parishes and handles criminal matters not within the parish courts' jurisdiction.
- Petty Sessions Courts are presided over by Justices of the Peace, or a Resident Magistrate acting alone. This court tries minor criminal offenses pertaining to the local community.
- The Judicature (Resident Magistrates) Act of 1928 established Resident Magistrates’ Courts; the Judicature (Supreme Court) Act of 1880 established the Supreme Court.
- Other relevant courts include the Tax Court, Traffic Court, Coroner’s Court, Drug Court, Family Court, Juvenile Court & Civil Court.
- The Judiciary (Family Court) Act of 1975 established the family court.
- The Judicature (Revenue Court) Act of 1975 established the revenue court.
- The Drug Court (Treatment and Rehabilitation of Offenders) Act of 2001 created the drug court.
Court Structure
- The Caribbean Court of Justice has original, compulsory, and final jurisdiction related to the Revised Treaty of Chaguaramas.
- The Judicial Committee of the Privy Council is a former final appellate court.
- The Supreme Court has divisions: civil, criminal, gun, commercial, review/constitutional, circuit.
- Resident Magistrates' Courts are inferior courts handling various criminal and civil matters per their jurisdiction.
Court of Petty Sessions
- Justices of the Peace (usually two) or a single Resident Magistrate preside.
- The Justices of the Peace Jurisdiction Act empowers Justices of the Peace.
- The Judicature (Resident Magistrates) Act, 1928, enables Resident Magistrates for presiding over this court.
- A Resident Magistrate can preside alone or with Justices of the Peace.
- The court handles summary criminal offenses like disturbances of the peace, indecent language, threats, stone throwing, and assault, and resisting arrest.
- The court can issue summons, warrants for arrest, and search warrants in certain instances.
- The court can grant bail (except for treason cases).
- Appeals regarding law or fact can be made to the Circuit Court or a Supreme Court judge.
Appeals
- An aggrieved person can appeal questions of law or fact to a Circuit Court judge or a judge of the Supreme Court.
- Further appeals on issues of law only can be made to the Court of Appeal.
Supreme Court
- Established by Section 97 of the Constitution as a superior court of record.
- Comprised of the Chief Justice, a Senior Puisne Judge, and other Puisne Judges appointed by the Governor-General (G-G) on the advice of the Judicial Service Commission.
- The Judicature (Supreme Court) Act, 1880, outlines the Court's jurisdiction and operations.
- It handles civil matters, including equity, common law, divorce, probate, bankruptcy, and admiralty cases.
- In criminal matters, it hears treason, felonies, and misdemeanors (more serious offenses).
- The court reviews applications for violating fundamental rights.
- Appeals on law or fact are possible to the Court of Appeal.
Court of Appeal
- Established by Section 103 of the Constitution.
- Comprised of a President, Chief Justice (by invitation of the President), three other judges, and other judges as Parliament prescribes.
- Appointed by G-G on the advice of the Judicial Service Commission.
- The court has appellate jurisdiction, with functions and operations defined in the Judicature (Appellate Jurisdiction) Act of 1962.
- The court does not review evidence or facts of cases.
- Appeals on all matters of law are possible.
- It deals in civil and criminal appeals from lower courts.
Circuit Court
- Courts staffed by Supreme Court Judges.
- Holds sessions across various parishes with a jury.
- Handles criminal cases not within the parish courts' jurisdiction.
- Appeals regarding law or fact can be made to the Court of Appeal.
Gun Court
- Established under the Gun Court Act, 1974.
- May sit in three divisions, including the Resident Magistrates’ Court/Parish Court, the Full Court and the Circuit Division.
- Handles firearm-related offenses.
- Resident Magistrate Division can only hold preliminary inquiries.
- Circuit Court handles capital offenses involving firearms.
- Appeals on law or fact lie to the Court of Appeal.
Parish Courts (formerly Resident Magistrates' Courts)
- Established by the Judicature (Resident Magistrates) Act of 1928, to hear family-related matters (except divorce), such as adoptions, guardianships, custody, and paternity.
- The court is a Court of Record of a higher status than a Magistrates' Court, but lower than the Supreme Court.
- Appeals go to the Supreme Court.
- The courts deal in matters pertaining to claims under the Registration of Titles Act up to 450,000.Casesofdisputesrelatedtotitlesoflandupto450,000. Cases of disputes related to titles of land up to 450,000.Casesofdisputesrelatedtotitlesoflandupto75,000.
- The court also hears unopposed probate and administration matters up to $1.5 million.
- Has jurisdiction on common law claims – such as tort, contracts, up to $250,000.
- The court also handles writ of habeas corpus, injunctions, and cases where debt or damages exceed $12,500.
Other Courts
- The Judicature (Family Court) Act, 1975 created a family court.
- The Judicature (Revenue Court) Act, 1975, established the Revenue Court, which hears appeals from taxation administrative bodies and revenue law.
- The Drug Court (Treatment and Rehabilitation of Offenders) Act, 2001, created the Drug Court for non-custodial sentencing of minor drug offenses.
- Juvenile Court handles cases relating to juveniles in need of care and protection, and less serious offenses of juveniles 14–17.
- Juvenile Court does not deal with the most serious offences, which are heard in the Circuit Court. Appeals from this court go to the Court of Appeal.
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