Shawn Stultz | Roles and duties of justices of the peace in Jamaica | Commentary

Many individuals have overlooked the relevance of the justices of the peace (JPs) in Jamaica. Nonetheless, they play an important position within the administration of justice. The magistrate Jurisdiction Act (2018) is the statute that outlines their duties, features, choice, and the way they need to conduct themselves.

Sadly, there’s a basic false impression that the primary responsibility of a JP is solely the signing and witnessing of paperwork. That is far past what the act stipulates. It’s shameful, to say the least, that there are commissioned JPs who’re oblivious to the legal guidelines that govern their perform and to which they’ve taken an oath. Among the different authorized features of a JP prescribed by statute embrace serving as lay magistrates within the Lay Magistrates Court docket, contemplating bail functions, signing bail declaration types and signing search warrants.

Different paperwork {that a} JP can signal embrace affidavits, spirit licence functions, the perishable items kind below the Praedial Larceny Act, and Observer Certificates pursuant to the Committal Proceedings Act. The act additionally supplies JPs with the authority to go to police stations to supervise and witness identification parades, warning statements, question-and-answer periods, and witness interviews. Moreover, JPs are very integral in making certain transparency by the police by being current and observing the taking of scientific proof akin to DNA samples.

STATION VISITS

One of many final features that has now change into a matter of controversy within the media is the execution of station visits to make sure that the rights of inmates usually are not violated. This has been the statutory responsibility for all JPs, as soon as commissioned to workplace. This perform is ever so vital as a result of many points can come up when a person is behind bars that may have an effect on their bodily well-being. It’s the duty of a JP to make sure that prisoners usually are not uncovered to any type of inhumane remedy. A great deal may argue in any other case, however the regulation stipulates that they have to do that within the curiosity of the arrested individuals’ constitutional rights.

The workplace of JP is public and ought to be handled with the identical stage of integrity as every other public workplace. Individuals should know and perceive {that a} JP is a group chief with an abundance of tasks and never only one who serves as a figurehead. These are individuals they will look as much as as position fashions who will result in optimistic modifications of their communities. This may be achieved utilizing varied peacekeeping interventions, akin to restorative justice and mediation, in resolving disputes.

The problem that exists is that many JPs nonetheless have no idea their statutory obligations and the position they play within the Jamaican justice system. In the identical breath, many individuals nonetheless don’t know the vital position they play in our society. As such, a lot confidence is just not positioned on the significance of JPs. This can be a stigma that should be erased. The Ministry of Justice has applied varied mechanisms to eradicate corrupt JPs and those that use the workplace for profiling.

CORRUPT PRACTICES

It has now, sadly, change into a standard observe for some JPs to interact in unlawful and corrupt practices. This goes in opposition to the tenets by which a JP is predicted to function. The actions of some solely taint the workplace and shed a nasty mild on different JPs who’re going above and past in finishing up their duties. It should be famous that the position of a JP is a voluntary one and, by advantage of the act, shouldn’t be used for private acquire and gratification. Each time a JP is present in acts of prison and corrupt practices, the custos, via the Ministry of Justice, is empowered by the magistrate Act to take applicable motion in opposition to that JP.

Part 20 of the act makes it an offence for a JP to make use of his seal or workplace for fraudulent practices. Subsection 1 Half D outlines that the place a JP is present in breach of this part they’re liable in abstract conviction earlier than a choose of the parish courtroom to a effective not exceeding $500,000 or to imprisonment for a time period not exceeding three years. The code of conduct of justices of the peace additionally empowers the custos of the parish to hold out an investigation on complaints made in opposition to a JP. Primarily based on the findings of the investigation, the custos, guided by the statute, can advocate to the minister that actions be taken in opposition to that JP. Primarily based on the character of the offence, the courtroom can also be outfitted to cope with the matter and grant sanctions the place relevant.

JPs are to not act on a frolic of their very own, as their actions can create destructive implications for the workplace. This provides the general public a destructive notion of the roles and features of a JP.

It’s important for the JPs to stay true to the oath which they took whereas being commissioned into workplace. Allow us to change into extra seen in our duties to the general public to allow them to place extra religion within the objective we function public officers. Too many have absconded their roles and features and are in hiding. The residents want JPs who’re position fashions and might carry hope to the folks and communities they serve.

The custos of every parish, via the Ministry of Justice, and the Justice Coaching Institute, additionally proceed to supply extra coaching to JPs. This can assist to broaden their data of latest and present legal guidelines, which is able to higher help them within the administration of justice in Jamaica.

Shawn Stultz is a justice of the peace, St Andrew.