Judiciary of Jamaica
Encyclopedia
The judiciary of Jamaica
is based on the judiciary of the United Kingdom
.
The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council
in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Resident's Magistrate's court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.
Jamaica is a common law
jurisdiction, in which precedents from English law
and British Commonwealth tradition may be taken into account.
, in which case they are heard by the Judicial Committee of the Privy Council
in London.
The Supreme Court has a number of divisions, in which a subset of the justices hear specific types of cases. The Circuit Court is the division for criminal cases, holding sessions in the individual parishes
. The The Justices of the Peace (Appeals) Act states that the "Circuit Court for every parish in this Island shall be the Appeal Court for matters arising in every such parish." Other divisions of the Supreme Court are the Gun Court
, the Commercial Court, the Revenue Court, and the Family Court. In the civil division of the Supreme Court the judge sits alone without the jury, except in cases of defamation. The Supreme Court also serves as a Constitutional Court for Jamaica.
's Court with power to hear civil and criminal matters. The jurisdiction of each court extends one mile beyond the border of its parish. Severe crimes such as rape, treason, and murder are not tried by the Resident Magistrate's Courts, but are referred to the Supreme Court after a preliminary hearing.
The Resident Magistrate's Courts also have a number of divisions, including the Family Court, Juvenile Court, Traffic Court, Small Claims Court, Night Court, Drug Court, and Gun Court (Resident Magistrate's Division).
. The Court has a dual role: it has original jurisdiction and functions as an international court in interpreting and applying the Treaty of Chaguaramas
, which established CARICOM; and it is intended to replace the Privy Council as a court of last appeal for the countries of the
Commonwealth Caribbean.
In 2004 the Jamaican Parliament passed acts establishing the CCJ as the highest court of appeal in Jamaica, replacing the Privy Council. However, in 2005 the Privy Council struck down the changes as unconstitutional. The Council ruled that although Parliament was within its powers to remove appellate jurisdiction from the Privy Council, it could not grant jurisdiction to the CCJ through an ordinary act. Instead, such a change must meet the more rigorous standards for amending "entrenched" provisions of the Jamaican Constitution. As a result, the Privy Council remains the final court of appeal for Jamaica.
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
is based on the judiciary of the United Kingdom
Judiciary of the United Kingdom
The Judiciary of the United Kingdom is not a single body. Each of the separate legal systems in England and Wales, Northern Ireland and Scotland have their own judiciary....
.
The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Resident's Magistrate's court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.
Jamaica is a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdiction, in which precedents from English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
and British Commonwealth tradition may be taken into account.
Court of Appeal
The Court of Appeal is the highest appellate court in Jamaica; it is superior to the Supreme Court. The Court is composed of a President and six other Judges. The Chief Justice is also a judge ex officio of the Court of Appeal, but participates only when asked to do so by the President. Although the Court of Appeal is the highest court in Jamaica, its judgements may themselves be appealed to the Queen-in-CouncilQueen-in-Council
The Queen-in-Council is, in each of the Commonwealth realms, the technical term of constitutional law that refers to the exercise of executive authority, denoting the monarch acting by and with the advice and consent of his or her privy council or executive council The Queen-in-Council (during...
, in which case they are heard by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in London.
Supreme Court
The Supreme Court has unlimited original jurisdiction in criminal and civil cases. The Chief Justice of the Supreme Court is the head of the judiciary. Besides the Chief Justice, the court is composed of the Senior Puisne Judge and additional Pusine Judge, with their number established by Parliament. In response to increasing case load, Parliament in 2008 increased the number of spaces on the Supreme Court from 26 to 40 with the new spaces filled over time by appointment of new judges.The Supreme Court has a number of divisions, in which a subset of the justices hear specific types of cases. The Circuit Court is the division for criminal cases, holding sessions in the individual parishes
Parishes of Jamaica
Administratively, Jamaica is divided into fourteen parishes. They are grouped into three historic counties, which have no administrative relevance :...
. The The Justices of the Peace (Appeals) Act states that the "Circuit Court for every parish in this Island shall be the Appeal Court for matters arising in every such parish." Other divisions of the Supreme Court are the Gun Court
Gun Court
The Gun Court is the branch of the Jamaican judicial system that tries criminal cases involving firearms. The Court was established by Parliament in 1974 to combat rising gun violence, and empowered to try suspects in camera, without a jury. The Supreme Court, Circuit Courts, and Resident...
, the Commercial Court, the Revenue Court, and the Family Court. In the civil division of the Supreme Court the judge sits alone without the jury, except in cases of defamation. The Supreme Court also serves as a Constitutional Court for Jamaica.
Resident Magistrate's Courts
Each parish has a Resident MagistrateResident Magistrate
A resident magistrate is a title for magistrates used in certain parts of the world, that were, or are, governed by the British. Sometimes abbreviated as RM, it refers to suitably qualified personnel - notably well versed in the law - brought into an area from outside as the local magistrate,...
's Court with power to hear civil and criminal matters. The jurisdiction of each court extends one mile beyond the border of its parish. Severe crimes such as rape, treason, and murder are not tried by the Resident Magistrate's Courts, but are referred to the Supreme Court after a preliminary hearing.
The Resident Magistrate's Courts also have a number of divisions, including the Family Court, Juvenile Court, Traffic Court, Small Claims Court, Night Court, Drug Court, and Gun Court (Resident Magistrate's Division).
Petty Sessions
The Petty Sessions hear minor criminal matters, such as resisting arrest. Justices of the Peace serve as judges in the Petty Sessions.Caribbean Court of Justice
In 2001 Jamaica signed the agreement establishing the Caribbean Court of JusticeCaribbean Court of Justice
The Caribbean Court of Justice is the judicial institution of the Caribbean Community . Established in 2001, it is based in Port of Spain, Trinidad and Tobago....
. The Court has a dual role: it has original jurisdiction and functions as an international court in interpreting and applying the Treaty of Chaguaramas
Treaty of Chaguaramas
The Treaty of Chaguaramas established the Caribbean Community and Common Market, later known as CARICOM. It was signed on July 4, 1973 in Chaguaramas, Trinidad and Tobago. It was signed by Barbados, Guyana, Jamaica and Trinidad and Tobago on 4 July 1973, in Chaguaramas, Trinidad and Tobago. It came...
, which established CARICOM; and it is intended to replace the Privy Council as a court of last appeal for the countries of the
Commonwealth Caribbean.
In 2004 the Jamaican Parliament passed acts establishing the CCJ as the highest court of appeal in Jamaica, replacing the Privy Council. However, in 2005 the Privy Council struck down the changes as unconstitutional. The Council ruled that although Parliament was within its powers to remove appellate jurisdiction from the Privy Council, it could not grant jurisdiction to the CCJ through an ordinary act. Instead, such a change must meet the more rigorous standards for amending "entrenched" provisions of the Jamaican Constitution. As a result, the Privy Council remains the final court of appeal for Jamaica.
External links
- Structure of the Jamaican Court System from the Ministry of Justice
- Constitution of Jamaica (1962) from the Georgetown University Political Database of the Americas