The System of Courts PDF

MGMT2021 THE SYSTEM OF COURTS http://supremecourt.gov.jm/court_structure http://www.moj.gov.jm Lecturer: Arnaldo A. Brown The System of Courts Hierarchy of Courts  Hierarchy of Courts Court of Petty Sessions  Hierarchy of Courts...

MGMT2021 THE SYSTEM OF COURTS http://supremecourt.gov.jm/court_structure http://www.moj.gov.jm Lecturer: Arnaldo A. Brown The System of Courts Hierarchy of Courts  Hierarchy of Courts Court of Petty Sessions  Hierarchy of Courts Parish Court (formerly Resident Magistrates’ Court) – Family, Juvenile, Traffic, Coroner’s; Gun (Prelim. Enquiries), Drug, Small Claims  Hierarchy of Courts Supreme Court Divisions – Civil, Criminal, Gun, Commercial, Revenue, Review/Constitutional, Circuit  Hierarchy of Courts Court of Appeal  Hierarchy of Courts Judicial Committee of the Privy Council (to be replaced by Caribbean Court of Justice) The System of Courts Court of Petty Sessions  Court of Petty Sessions Manned by Justices of the Peace (usually two)  Court of Petty Sessions The Justices of the Peace Jurisdiction Act confers powers on Justices of the Peace  Court of Petty Sessions The Judicature (Resident Magistrates) Act, 1928 enables R.M. to preside over court:  Court of Petty Sessions a) with Justices of the Peace in which case R.M chairs panel  Court of Petty Sessions b) alone exercising powers normally vested in two Justices of the Peace Court of Petty Sessions Jurisdiction  Jurisdiction Exercises summary criminal jurisdiction over minor criminal offences:  Jurisdiction a) pertaining to local community, under Town and Country Law, e.g. indecent language, disturbance of the peace  Jurisdiction b) other minor criminal matters between parties such as threats, stone throwing, and assault as well as resisting arrest, and assaulting the Police  Court of Petty Sessions Functions include the power to:  Functions issue summons to witnesses  Functions issue warrants for arrest  Functions issue search warrants under certain statutory provisions  Functions grant bail to person charged with criminal offence other than treason  Functions make maintenance orders Court of Petty Sessions Appeals  APPEALS aggrieved person may appeal on questions of law or fact to the Circuit Court or to a Judge in the Supreme Court.  Appeals aggrieved person may also appeal to the Court of Appeal on the grounds of error in law only  The System of Courts Parish Courts (Formerly Resident Magistrates Courts)  Resident Magistrates Courts Established under The Judicature (Resident Magistrates) Act, 1928 as inferior court of record which allows for appointment by Chief Justice of 46 R.Ms and not less than 9 R.Ms  Resident Magistrates Courts Located in each parish in the capital town  Resident Magistrates Courts R.M. who is a judicial officer (Attorney-at-Law with at least five years standing) operates court with assistance of clerk of court and a bailiff  Resident Magistrates Courts Presided over by one R.M. sitting alone  Judicature (Resident Magistrates)(Amendment and Change of Name) Act 2016 Parish Courts Jurisdiction  Parish Courts Court has jurisdiction over wide criminal and civil matter  Criminal Matters Trial of summary offences (e.g. possession of dangerous drugs, unlawful gaming, use of motor vehicle without insurance)  Criminal Matters trial of indictable offences (e.g. assault with intent to commit grievous bodily harm, wounding, forgery, criminal damage)  Criminal Matters holding of preliminary examinations in respect of indictable offences to determine if offence within its jurisdiction or should be committed to Circuit Court  Civil matters claim under the Registration of Titles Act up to amount of $450,000  Civil matters disputes as to title of land up to land value of $75,000  Civil matters unopposed probate and administration matters up to estate value of $1.5million  Civil Matters common law claims – tort, contract, up to $250,000  Civil Matters writ of habeas corpus  Civil Matters order for injunction  Civil Matters can refer matters to Supreme Court if debt or damages exceed $12,500  Parish Courts Apart from exercising jurisdiction in criminal cases, Parish Judges preside over a range of courts at this level including:  Parish Courts Coroner’s Court  Parish Courts Traffic Court  Parish Courts Drug Court  Parish Courts Tax Court  Parish Courts Family Court  Parish Courts Juvenile Court  Parish Courts Civil Court (jurisdiction limited to claims not exceeding $250,000) Ministerial Order  Appeals An appeal lies to the Court of Appeal in civil matters (on issues of law) and criminal matters (on issues of law and on facts in limited circumstances). The System of Courts Supreme Court  Supreme Court Established by virtue of section 97 of Constitution as superior court of record  Section 97 of Constitution CHAPTER VII The Supreme Court 97.-(1) There shall be a Supreme Court for Jamaica which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law. (2) The Judges of the Supreme Court shall be the Chief Justice, a Senior Puisne Judge and such number of other Puisne Judges as may be prescribed by Parliament. (3) No office of Judge of the Supreme Court shall be abolished while there is a substantive holder thereof.  Section 97 of Constitution (4) The Supreme Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.  Supreme Court Comprised of Chief Justice (appointed by G-G on recommendation of Prime Minister after consultation with Leader of the Opposition  Supreme Court Senior Puisne Judge and other Puisne Judges (appointed by G-G on advice of Judicial Service Commission)  Supreme Court The Judicature (Supreme Court) Act, 1880 sets out jurisdiction and operations of Court  Supreme Court Allows for appointment of 16 Puisne Judges and not more than 24 Puisne Judges  Jurisdiction Operates for both civil and criminal matters  Jurisdiction Civil matters include actions and proceedings in equity, the common law, divorce and matrimonial causes, probate, bankruptcy and admiralty matters  Jurisdiction Criminal matters includes treason, felonies and misdemeanours- more serious offences tried on indictment  Jurisdiction Hears applications for alleged violations of fundamental rights as secured under Constitution  Appeals Appeal on law or fact to the Court of Appeal  The System of Courts Circuit Court  Circuit Court Manned by Judges of the Supreme Court  Circuit Court Sits with a Jury  Circuit Court Court circulates on a “circuit” of all parishes on a fixed schedule during each term  Circuit Court Holds sittings at least three times in every parish except St. Andrew  Jurisdiction Tries all criminal matters not within exclusive domain of the Parish Courts  Appeals Appeal on law or fact to the Court of Appeal  The System of Courts The Gun Court  The Gun Court Established under the Gun Court Act, 1974  The Gun Court Court may sit in 3 divisions – the Resident Magistrates’ Court/Parish Court, the Full Court and the Circuit Division  Jurisdiction Hears matters involving firearms offences  Jurisdiction R.M. Division can only hold preliminary inquiries into matters involving firearm offences  Jurisdiction Circuit Court only can hear capital offences involving firearms  Appeals Appeal lies to the Court of Appeal  The System of Courts Court of Appeal  Court of Appeal Established by Section 103 of Constitution  Section 103 of Constitution 103.-(1) There shall be a Court of Appeal for Jamaica which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law. (2) The Judges of the Court of Appeal shall be- (a) a President; (b) the Chief Justice by virtue of his office as head of the Judiciary but who, however, shall not sit in the Court of Appeal unless there are at least four other Judges sitting and unless he has been invited so to sit by the President of the Court; (c) three other Judges; and (dl such number, if any, of other Judges as may be prescribed by Parliament. (3) The President of the Court of Appeal shall be responsible for the arrangement of the work of the Court and shall preside whenever he is sitting in that Court. (4) No office of Judge of the Court of Appeal shall be abolished while there is a substantive holder thereof. (5) The Court of Appeal shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.  Court of Appeal Consists of President (appointed by G-G on recommendation of Prime Minister after consultation with Leader of Opposition);  Court of Appeal Chief Justice (by invitation of President) and at least four other Judges sitting);  Court of Appeal three other Judges; and any other number of Judges prescribed by Parliament (appointed by G-G on advice of Judicial Service Commission)  Jurisdiction Court of appellate jurisdiction with functions and operations set out in The Judicature (Appellate Jurisdiction)Act, 1962  Jurisdiction Sits without jury – not concerned with reviewing evidence or facts of case  Jurisdiction Adjudicates on matters of law  Jurisdiction Hears appeals from all lower courts in civil and criminal matters  Jurisdiction Sits in uneven numbers  Appeals Appeal as a matter of right on disputes concerning property of a value of $1,000 or more, or dissolution of marriage or on questions of constitutional interpretation  Appeals Appeal in most other cases may be made to Privy Council with leave of the Court of Appeal, that is, where the Court of Appeal is of the opinion that the question involved is one of general or public interest  The System of Courts The Judicial Committee of the Privy Council  The Judicial Committee of the Privy Council Comprised of The Lord President of the Council, the Lord Chancellor and the Lords of Appeal in Ordinary (the U.K. House of Lords) and sits in England  Jurisdiction Section 110 of Constitution grants right of appeal from Court of Appeal to Her Majesty in Council in the following cases:  Section 110 of Constitution 110.-(1) An appeal shall lie from decisions of the Court to of Appeal to Her Majesty in Council as of right in the following case -  Section 110 of Constitution a)where the matter in dispute on the appeal to Her Majesty in Council is of the value of one thousand dollars or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the value of one thousand dollars or upwards, final decisions in any civil proceedings;  Section 110 of Constitution b) final decisions in proceedings for dissolution or nullity of marriage; c) final decisions in any civil, criminal or other proceedings on questions as to the interpretation of this Constitution; and d) such other cases as may be prescribed by Parliament.  Jurisdiction a) Final decisions in any civil proceedings where matter in dispute on appeal is of value of $1000 or more or involves directly or indirectly claim or question respecting property of value of $1000 or more  Judicial Committee of the Privy Council b) Final decisions in proceedings for dissolution or nullity of marriage  Judicial Committee of the Privy Council c) Final decisions in any civil, criminal or other proceedings on questions as to the interpretation of the Constitution  Judicial Committee of the Privy Council d) Such other cases as maybe prescribed by Parliament  The System of Courts Other Courts  Other Courts The Judicature (Family Court) Act, 1975 established court to hear family related matters (except divorce) such as adoption, guardianship, custody, paternity  Other Courts Presided over by two Judges and is a Court of Record of higher status than R.M Court but lower than Supreme Court  Other Courts Appeals are to the Supreme Court  Other Courts The Judicature (Revenue Court) Act 1975 established court to hear appeals from taxation administrative bodies and disputes pertaining to all revenue law related matters  Other Courts Superior court of record but not part of Supreme Court but Judges enjoy same immunities, privileges and rights of Supreme Court Judge  Other Courts Appeals on law or fact to the Court of Appeal  Other Courts The Drug Court (Treatment and Rehabilitation of Offenders) Act 2001 established the drug court at the level of a R.M.  Other Courts Court to hear and prescribe non-custodial sentencing for persons charged and found guilty of minor drug offences  The System of Courts The Juvenile Court  The Juvenile Court Inferior court established with same procedures as that of R.M. Court  The Juvenile Court Presided over by R.M. and two Justices of the Peace  The Juvenile Court Hears charges against juveniles or civil applications relating to juveniles in need of care and protection  The Juvenile Court Charges of serious offences (robbery, burglary, murder, treason) by juvenile between age of 14 and 17 must be submitted to Circuit Court  The Juvenile Court Appeal in civil and criminal matters lies to Court of Appeal The End