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THE
COURT STRUCTURE IN JAMAICA - AN OUTLINE
THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL
This body is comprised of Law Lords of the United Kingdom and hears appeals from the decisions of the Court of Appeal of Jamaica.
The decisions are by way of advice to Her Majesty the Queen of England who is also Jamaica’s Head of State.
A treaty has been signed by the Government of Jamaica, which establishes a newly created Caribbean Court of Justice. This new court is intended to replace the Judicial Committee of the Privy Council as the Final Appellate Court.
The legislative framework for that new court is now being debated.
COURT OF APPEAL
This appellate court was created in 1962 with the passing of the Jamaica Independence Act and the Constitution of Jamaica.
It hears and determines civil and criminal appeals from the Supreme Court, the Criminal Court, the Gun Court, the Revenue Court, the Family Court, the Traffic Court and the Resident Magistrate’s Court
and also certain statutory quasi-judicial bodies such as the Disciplinary Committee of the General Legal Council.
The court also hears applications for leave to appeal to the Judicial Committee of the Privy Council.
SUPREME COURT
This Court has unlimited jurisdiction in the whole range of criminal cases, common law, equity, divorce and matrimonial causes, bankruptcy and admiralty matters.
Two special branches of the Supreme Court are the Revenue Court and the Gun Court.
The Supreme Court has a Civil Division with unlimited jurisdiction and a Civil Division, which sits on Circuit in each parish.
The Revenue Court
This superior court of record was established in 1971 for the purpose of dealing specifically with appeals from administrative bodies on revenue and related matters.
The Court has jurisdiction to hear appeals under The Customs Act, The Excise Act, The Income Tax Act, The Land Development Duty Act, The Land Valuation Act and The Transfer Tax Act.
This court is staffed by a Supreme Court Judge.
The Gun Court
This Court sits in Kingston, Jamaica. Persons
arrested on charges of illegal possession of firearms
and any offences involving the use of illegal firearms
are tried by the Gun Court.
Save in cases of murder, the trial is by judge
alone in camera.
RESIDENT MAGISTRATE’S COURTS
There is a Resident Magistrate’s Court in each of
the fourteen (14) parishes of Jamaica.
The Resident Magistrate exercises both criminal and
civil jurisdiction.
The Civil Jurisdiction is limited to amounts not exceeding
J$250,000.00.
The Criminal jurisdiction is limited to those
offences in which the statute expressly says it is
triable by a Resident Magistrate.
Resident Magistrates also hold Preliminary Enquiries
in order to determine whether matters are to be sent
for trial in the Circuit Court Division of the Supreme
Court.
Coroner's
Court
The Coroner
is usually a Resident Magistrate who may sit with
a jury to hold an inquest into sudden or suspicious
deaths in his parish.
The
Family Court
This Court offers Judicial and Social Services to
persons in an effort to preserve the family as a unit
and to foster the welfare of children.
The
Petty Sessions Courts
These Courts are presided over by Justices of the
Peace and sit regularly in all principal towns of
each parish to deal with minor causes summarily.
The
Juvenile Court
This Court consists of a Resident Magistrate as chairman
and two Justices one of whom shall be a woman.
These Courts sit in every parish and hear Criminal
matters involving children under 17 years of age.
In
addition, there are a variety of special courts for
special purposes, such as the Court Martial for
the trial of members of the Defense Force and
the Water Courts to hear water disputes.
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