| Judicial Committee of the Privy Council |
| This court, which sits in London, England, is the final court of appeal for Jamaica. It is composed of between five and seven Law Lords, who hear appeals, both criminal and civil, from the Jamaican Court of Appeal. |
| Court of Appeal |
| The Court of Appeal consists of the President of the Court of Appeal, the Chief Justice (who sits at the invitation of the President), and six judges of the Court of Appeal. A person who is dissatisfied with a decision of one of the other courts, except Petty Sessions, can appeal to this court. Petty Sessions appeals are heard by a judge in chambers. |
| Supreme Court |
| The Supreme Court consists of the Chief Justice, a Senior Puisne Judge
and 14 Puisne Judges. The court exercises both criminal and civil jurisdiction,
with a single judge sitting with a jury (twelve in murder cases and seven
in other cases).
Criminal cases come to the Circuit Court through committals by the Resident Magistrates. In its civil jurisdiction, the Supreme Court is concerned with civil actions arising from negligence, breach of contract, slander, libel, trespass, divorce administration, equity, guardianship of infants and the estate of lunatics. It also has the right to issue prerogative writs and summonses. |
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| The Revenue Court was established by the Revenue Court Act of 1971.
The Court is a superior court of record with an official seal. The judge
is a Puisne Judge of the Supreme Court. The Court has the jurisdiction
to hear appeals under the Customs Act, the Excise Duty Act, the Valuation
Act, the Income Tax Act, the Land Development Duty Acts, the Transfer Tax
Act and the General Consumption Tax Act.
In 1974 the Gun Court was established, with certain divisions being superior courts of records; i.e. the High Court Division (established by Act in 1976), and the Circuit Court Division. In these divisions, certain firearms offences, (which attract mandatory life imprisonment sentences), are tried. |
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| The Family Court deals with the maintenance of children, juvenile delinquency,
custody and guardianship of children, adoption and married women's property
rights, in the corporate area.
The Family Court also operates in Montego Bay. This court has jurisdiction for the parishes of St. James and Hanover. Outside of these areas, the Resident Magistrates' Courts generally deal with the matters covered by the Family Court. |
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| The Traffic Court deals with breaches of the Road Traffic Law within the corporate area of Kingston and St. Andrew. Traffic breaches are also dealt with in the various parishes by the Resident Magistrates' Courts. |
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| There is a Resident Magistrates' Court for each parish, which deals summarily with less serious matters, both civil and criminal, and which also conducts preliminary inquires for more serious criminal cases. The Resident Magistrate is Coroner for the parish to which he is assigned. He also administers the Court of Petty Sessions for the parish. |
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| Petty Sessions courts deal with minor offences, and are usually presided
over by laymen called Justices of the Peace.
While appeals from all other courts lie with the Court of Appeal (or further, with the Judicial Committee of the Privy Council in London), appeals from Petty Sessions lie with a judge in chambers. |
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| The Chief Justice is appointed by the Governor-General, on the recommendation
of the Prime Minister, after he has consulted the Leader of the Opposition.
The Chief Justice is the head of the Judiciary and is, by virtue of his
office, Chairman of the Judicial Service Commission. Hence, he handles
administrative matters such as appointments and transfers.
If the competence or conduct of the Chief Justice should lead to the question of his removal, the Prime Minister must first ask the Governor-General to institute an inquiry through a special tribunal. Such a tribunal may then request the Governor-General to refer the matter to the Judicial Committee of the Privy Council, which may recommend the Chief Justice's removal. |
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| The President of the Court of Appeals by the Governor-General, on the
advice of the Prime Minister, after consultation with the Leader of the
Opposition.
In addition to his duties in the Court of Appeal, where he presides whenever he is sitting, the President of the Court of Appeal is a member of the Judicial Service Commission. |
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