The Jamaican Court System

Topics: Judge, Court, Separation of powers Pages: 18 (1631 words) Published: October 14, 2013
Based on the English common law .
Judicial independence is guaranteed by the Jamaican Constitution. The Chief Justice:
Head of the Jamaican Judiciary.
Appointed by the Governor General of Jamaica, on the recommendation of the Prime Minster after consultation with the Leader of the Opposition.

Shows the hierarchy of Courts in The Jamaican Judicial system

Civil Proceedings including Matrimonial matters,
Probates, Judicial Review and other Judicial
Proceedings

NB. All the above courts are presided over by Resident Magistrates

COURT OF
APPEAL
•Highest
Appellate Court
•Headed by a
President
•Court’s
judgments may
be appealed to
Her Majesty-inCouncil via
Judicial
Committee of
the Privy Council,
London.

SUPREME COURT

CRIMINAL DIVISION

•Established
under the
Judicature
(Supreme Court)
Act

•Cases for offences
which may attract
the death penalty
and/or punishable
with imprisonment
exceeding five (5)
years.

•Has unlimited
original
jurisdiction in
criminal and civil
cases.

•Sits for three (3)
terms: Hilary
(January to April),
Easter (April to July),
and, Michaelmas
(September to
December).
•Sits in circuits in all
rural parishes at
specified times
during each term,
while the home
Circuit Court deals
with cases for the
parishes of Kingston
and St. Andrew

HIGH COURT
CIVIL DIVISION

COMMERCIAL
DIVISION

Hears civil
proceedings
including:

Hears claims
arising out of
trade and
commerce
including:

•Matrimonial
matters,
•Probate,
•Judicial Review
and
•Judicial
Proceedings
under the
Constitution.

•Admiralty
Proceedings,
•Banking,
•Insurance,
•Hire Purchase
Transactions,
•Contracts And
•Questions
Arising From
Commercial
Arbitrations.

•Commercial
matters are also
heard in other
Civil Courts at
the Supreme
Court level.

GUN COURT
•Tries all criminal
cases involving
firearms except
murders.
•Established by
parliament in
1974 to combat
rising gun
violence and
was
empowered to
try accused
persons in
camera, without
a jury.

REVENUE
COURT
•Established
under the
Judicature
(Revenue
Court) Act
•Has jurisdiction
over matters
pursuant to
various tax
legislation, after
the taxpayer
has exhausted
all
administrative
avenues for
appealing a
taxation
decision.

RESIDENT
MAGISTRATE’S
COURT
•Established in all
parishes of Jamaica.
•Have limited jurisdiction to
hear both civil and criminal
cases as prescribed by the
Judicature (Resident
Magistrates) Act.

•Has no power to hold trials
of certain criminal offences
including treason, murder
and rape. However, a
Preliminary Enquiry is held
to determine whether the
evidence is sufficient for
the accused to stand trial
at the Supreme Court.

CORPORATE AREA
COURTS
•The Corporate Area
Criminal Court, located
at Half Way Tree, deals
with all criminal cases for
the parishes of Kingston
and St. Andrew
•The Corporate Area Civil
Court at Sutton Street
deals with all civil cases
for the two (2) parishes
•The Family Court,
Coroner’s Court,
Children’s Court, Traffic
Court, Small Claims
Court, the Gun Court
(R.M. Division) and the
Tax Court are
specialized divisions
presided over by
Resident Magistrates.

RESIDENT MAGISTRATE’S
COURT – SPECIALIZED
DIVISION
Presided over by
Senior Resident
Magistrates
•The Family Court,
•The Coroner’s Court
•The Children’s Court
•The Traffic Court
•The Small Claims
Court,
•The Gun Court (R.M.
Division) and
•The Tax Court

Ministry of Justice
To provide the legal and policy framework within which justice services are efficiently and effectively delivered to all.
Project Objectives

To collect, collate, store and disseminate accurate and timely information to all required sources on behalf of the Jamaican Judiciary. For example, to such sources as the Jamaica Crime Observatory (JCO), the Planning Institute of Jamaica (PIOJ), the Ministry of Justice and the Coexistence...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Court System Essay
  • The American Criminal Court System Essay
  • Court System Essay
  • Court Systems Essay
  • The Court System in Jamaica Essay
  • Court System Paper
  • Court Systems Essay
  • Court Systems Essay

Become a StudyMode Member

Sign Up - It's Free