Criminal Law (Books and Journals)
- On Your Feet: Criminal Law Practice in the Parish Courts in Jamaica by: Ian Randle Publishers Ltd, 2021
- Fear of Cybercrime: Lessons for the Global E-Banking Sector by: Ian Randle Publishers Ltd, 2015
- Criminal practice and procedure in the Magistrates' Courts in the Commonwealth Caribbean by: Ian Randle Publishers Ltd, 2010
- Crime Delinquency and Justice: A Caribbean Reader by: Ian Randle Publishers Ltd, 2007
- Preliminary Sections
- Preliminary Sections
- Scope of the Duties of the Clerk of the Courts
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Court Orders
The Judge of the Parish Court has the power to make a wide variety of orders regarding matters before the Courts. This power stems mainly from the Judicature (Parish Courts) Act and the Justices of the Peace Jurisdiction Act. Particular statutes make provision for orders that the Judge of the Parish Courts can make. The prosecution and the defence must both comply with the orders of the Court....
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The Judge of the Parish Court
The Judge of the Parish Court is the lifeblood of the Parish Court system, which accounts for a substantial percentage of the cases, particularly the criminal cases across the island. Prior to 2016, the Parish Court Judge was formerly known as the Resident Magistrate under the then Judicature (Resident Magistrates) Act. In 2016, per the Judicature (Resident Magistrates) (Amendment and Change of...
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Accounts and Related Matters
Whenever an order of the Court includes a monetary component, such as a fine, it must be paid into the court’s accounts section. Therefore, no administrative or legal officer such as the Clerk of the Courts is authorized to accept any such payments. Upon the relevant payments, the payee is issued a receipt, which can be copied for the specific file, and the original returned to the payee
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Other Court Staff
While the Parish Court Judge and the Clerk of the Courts are the most visible legal staff in the Parish Courts, there are many other positions, both legal and administrative, that are crucial to the effective administration of justice
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Important Court Books
The administrative arm of the court is critical to the efficiency of the overall structure of the system. Before the day starts in the courtroom and after the day ends there, much has to be done to ensure that the actual court day operates smoothly. This chapter focuses on the ‘behind the scenes’ areas that are so vital to the proper administration of the Parish Court system
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Court Types in the Parish Court System
The Parish Court system, while appearing a monolith, is actually a conglomeration of multiple courts. The courts in this conglomeration vary according to issues ranging from the mundane such as the physical structure of the courthouse, which may house only one courtroom, to the legislative provisions in each court. Regardless of the court type, the overarching practice is essentially the same for
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Assigned Police Officers in the Court
Crucial to the effective administration of justice in the criminal court are the police personnel assigned to the courts. These police officers carry out a range of functions and roles. Police officers, ranking from inspector to constable, from the Jamaica Constabulary Force are assigned court duties. Inspectors oversee the efficient running of policing duties in the court by assigning various...
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Return Court
This chapter describes the way in which the Return Court is conducted and builds on the chapter discussing the types of courts in the system
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Tips for the Clerk of the Courts
The Clerk of the Courts receives notebooks to record evidence. It is useful to number the pages in this book to find easily a trial, even after time has passed, by using a table of content or marked tabs. Start each trial on a new page. At the top, write the name of the accused, the representation, the offences, the sections of the Act that is allegedly contravened, the name of the Judge of the...
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Committal Proceedings
Committal proceedings are held to determine whether sufficient evidence exists in a criminal case to bring the matter to trial. They may take place in a dedicated courtroom or within a larger court list, depending on the court’s resources. Committal proceedings were previously called preliminary enquiries, and the Judge of the Parish Court was responsible for marshalling the evidence in the...
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Accused Persons
Accused persons come before the Court by way of arrest or summons as noted earlier. This is important to remember as it can have implications for a variety of issues
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File Preparation
This chapter examines the way in which a case file from the court’s office should be prepared upon receipt by the Clerk of the Courts. It outlines the basic documents that should be on a case file and how they are to be examined. Information on how to disclose information to the defence as well as how to treat witnesses in the matter is provided. The manner in which an offence is to be proven is...
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Defence Counsel in Court
Advice is offered throughout this book on the duties of the defence counsel. However, this chapter touches and concerns a few specific areas that are generally encountered in the Parish Court by defence counsel
- Case Law
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Back Desk
The back desk is a vital part of the court’s organizational system as it is a key record repository. It is where completed case files are held. When matters have been fully disposed of in the courts, the case files are sent to the back desk through the relevant channels of court administrative procedure. Notably, 1. It houses many of the official books used in the court system when they are...
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Evidential Matters in a Case
This chapter examines how to receive the evidence of particular witnesses in the course of a trial. It also reinforces points of law regarding problematic areas such as chain of custody. The Clerk of the Courts must ensure that the evidence is properly led, that all requisite foundation is laid, and that the law surrounding the issue is correctly utilized. So stylistically, Clerks of the Courts...
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Fingerprintable Offences
The Fingerprint Act outlines and defines what offences are deemed fingerprintable and gives the Court the authority to order that the fingerprints and photograph be taken of any one charged for a particular offence. The Court here refers to the Circuit Court, the Traffic Court, Children’s Court, Family Court, or a Parish Court
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Forfeiture
On a successful application of the Crown, a Parish Court Judge has the power to make forfeiture orders upon a conviction to seize any asset that may have been used in a crime or acquired as a result of a crime. Specific Acts provide that anyone with an interest in recovering an item to be forfeited may appear in court to demonstrate why the forfeiture should not be granted. An applicant can pray...
- Relationship with the Office of the Director of Public Prosecutions (DPP)
- Acronyms and Abbreviations
- Bail
- Foreword
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When a Matter Starts
There is much to be gleaned from case law regarding the point at which a matter is considered started. An instructive case is R v The Resident Magistrate For Saint Andrew And The Director Of Public Prosecutions Ex Parte Basil Black Tyrone Chen George Chai And Edmund Thomas (1975) 24 WIR 388
- Introduction
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Verdict and Sentencing
At the verdict, the Parish Court Judge is expected to do the findings of fact. Indeed, the Parish Court Judge ought to demonstrate how the various issues in a case is dealt with, especially in a case where the verdict is one of guilty. Having recorded the notes of evidence, the Judge reduces it to a findings of facts in summary form, to show the basis upon which the particular verdict has been...
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Jurisdiction and the Court Structure in the Parish Court
The Parish Courts were called the Resident Magistrate Courts for over a century, under the then Judicature (Resident Magistrates) Act, and the judges of the Parish Court were called Resident Magistrates under the same Act. The Judicature (Resident Magistrates) (Amendment and Change of Name) Act renamed the courts to be the Parish Courts. It also renamed the Resident Magistrate, to be now known as
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Courtesy, Useful Words, and Phrases in the Courtroom
The use of the words ‘Your Honour’ generally appears at the start and end of nearly every sentence in the Parish Court as the Clerk of the Courts and everyone else addresses the Bench. This is to ensure that there is no appearance of familiarity with the Bench or worse yet, disrespect to the Court. Collegiality among all attorneys, both prosecuting and defence counsel, is not only civil but the...