Courts in Jamaica

JUDICIAL SYSTEM IN JAMAICA

Jamaica’s legal system is structured in a hierarchical format with different courts:

1. Petty Sessions Court – Handles minor offenses, presided over by Justices of the Peace.

2. Parish Courts (formerly Resident Magistrate's Courts) – Handle civil and criminal matters at the local level.

3. Supreme Court of Jamaica – Has unlimited jurisdiction in both civil and criminal matters.

4. Court of Appeal – Reviews decisions from the Supreme Court and other lower courts.

5. Judicial Committee of the Privy Council – Traditionally, Jamaica’s final appellate court; however, discussions continue about adopting the Caribbean Court of Justice (CCJ) as its highest court.

THE HIERARCHY OF THE COURTS

Petty Session Courts

At the lowest level of the five-level hierarchy of the Jamaican court system are courts of Petty Sessions, originating from the early English tradition. Petty Sessions are presided over by three Justices of the Peace (JPs) who sit to hear cases, which involve offenses such as common assault, disorderly behavior, and the use of indecent language. Sessions are held regularly in each of the fourteen parishes. These Justices of the Peace (JPs) also assist with administrative duties such as the issuing of warrants and summonses, execution of documents, and the signing of application forms for passports.

JPs are usually advised on points of law and procedure by the Clerk of Court or the Deputy Clerk of Court, an Attorney-at-Law. The authority of the JPs rests in the Justice of the Peace Jurisdiction Act (1850). An appeal from Petty Sessions is to the Circuit Court of the parish where the Petty Session was heard or by way of a case stated to the Court of Appeal.

The Resident Magistrates Court (Parish Court)

The Resident Magistrates Court is the second level of the court structure and their positions are authorized by the Judicature (Resident Magistrates) Act 1928. The Act establishes a court for each of the fourteen parishes of the island. Resident Magistrates can preside over civil as well as criminal matters. Currently, in civil matters jurisdiction is limited to claims below a maximum of J$250,000 while criminal jurisdiction is restricted to offenses where express provision by statute allows the matter to be tried by a Resident Magistrate. The jurisdiction of Resident Magistrates extends to presiding over specialized courts, which are:

• Family Court

• Coroners’ Court

• Juvenile Court

• Traffic Court

• Night Court

• Tax Court

• Small Claims Court

• Drug Court

Appeals from the Resident Magistrates Court are to the Court of Appeal.

The Supreme Court

The Supreme Court occupies the third level of the court structure and is a superior court of record with jurisdiction in Admiralty, Family, Civil, Commercial, Criminal, Family, and Succession matters. It has unlimited jurisdiction in all civil and criminal matters. It should be noted that the civil jurisdiction sits only in the capital, Kingston while the criminal jurisdiction sits as necessary in all parishes as the circuit court. Under section 97 of the Constitution, the Supreme Court is a court of original jurisdiction. The Gun Court and Revenue Court are special courts of co-ordinate jurisdiction with the Supreme Court.

Supreme Court appeals are heard in the Court of Appeal.

The Court of Appeal

The Court of Appeal is the fourth level of the court structure and was established in 1962 by s. 103 of the Constitution.

Criminal and civil appeals from the Resident Magistrates Courts and the Supreme Court are heard by the Court of Appeal. Earlier decisions may be confirmed, varied, or overturned by the Court of Appeal. The Court of Appeal also hears appeals from the Disciplinary Committee of the General Legal Council as well as applications for leave to appeal to the Judicial Committee of the Privy Council.

The Judicial Committee of the Privy Council (JCPC))

The Judicial Committee of the Privy Council is at the highest level of the court structure of Jamaica. The Privy Council is the court of final appeal for Jamaica as a commonwealth country, which retained the appeal to Her Majesty in Council in the United Kingdom.

The Privy Council hears the appeals from the Court of Appeal of matters, which are considered of exceptional public importance.

The Caribbean Court of Justice (CCJ)

For many years, there have been calls for Commonwealth countries of the Caribbean who have retained appeals to the Privy Council to be replaced by a Caribbean Court of Appeal as the final appellate court for the Commonwealth Caribbean. To that end, the Caribbean Court of Justice was established in 2001 with headquarters in Trinidad and Tobago. The CCJ has two jurisdictions:

• In its original jurisdiction, it interprets and applies the provisions of the Revised Treaty of Chaguaramas 2001.

• In its appellate function, it has replaced the JCPC as the final appellate court for Barbados, Belize, and Guyana.

The Jamaican government has signaled its intention to table legislation in Parliament to have the CCJ replace the JCPC as the country’s court of last resort. This remains to be seen.