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Jamaica

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posted:
11/23/2011
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Based on the English common law

Judicial independence is guaranteed by the Jamaican Constitution.

The Chief Justice:

Head of the Jamaican Judiciary

Appointed by the Governor General of Jamaica, on the recommendation

of the Prime Minster after consultation with the Leader of the Opposition









Shows the hierarchy of Courts in The Jamaican Judicial system

Civil Proceedings including Matrimonial matters,

Probates, Judicial Review and other Judicial

Proceedings









NB. All the above courts are presided over by Resident Magistrates

COURT OF SUPREME COURT CRIMINAL DIVISION HIGH COURT COMMERCIAL

CIVIL DIVISION DIVISION

APPEAL •Established

•Cases for offences

which may attract Hears civil Hears claims

•Highest under the the death penalty proceedings arising out of

Judicature and/or punishable including: trade and

Appellate Court with imprisonment

(Supreme Court) commerce

exceeding five (5) including:

•Headed by a Act years. •Matrimonial

President matters,

•Admiralty

•Sits for three (3)

Proceedings,

•Court’s terms: Hilary •Probate,

•Banking,

judgments may •Has unlimited (January to April),

original Easter (April to July), •Insurance,

be appealed to •Judicial Review

and, Michaelmas •Hire Purchase

Her Majesty-in- jurisdiction in (September to

and

Transactions,

Council via criminal and civil December). •Contracts And

cases. •Judicial

Judicial Proceedings •Questions

•Sits in circuits in all Arising From

Committee of rural parishes at

under the

Commercial

the Privy Council, Constitution.

specified times Arbitrations.

London. during each term,

while the home •Commercial

Circuit Court deals matters are also

with cases for the heard in other

parishes of Kingston Civil Courts at

and St. Andrew the Supreme

Court level.

GUN COURT REVENUE RESIDENT CORPORATE AREA RESIDENT MAGISTRATE’S

COURT – SPECIALIZED

COURTS

•Tries all criminal COURT MAGISTRATE’S DIVISION

•The Corporate Area

cases involving

firearms except •Established COURT Criminal Court, located Presided over by

at Half Way Tree, deals Senior Resident

murders. under the with all criminal cases for

•Established in all Magistrates

Judicature the parishes of Kingston

parishes of Jamaica.

(Revenue and St. Andrew •The Family Court,

•Established by Court) Act

•Have limited jurisdiction to •The Coroner’s Court

parliament in •The Corporate Area Civil

hear both civil and criminal Court at Sutton Street •The Children’s Court

1974 to combat

rising gun •Has jurisdiction cases as prescribed by the deals with all civil cases •The Traffic Court

over matters Judicature (Resident for the two (2) parishes •The Small Claims

violence and Magistrates) Act. •The Family Court, Court,

was pursuant to Coroner’s Court,

various tax Children’s Court, Traffic

•The Gun Court (R.M.

empowered to •Has no power to hold trials Division) and

try accused legislation, after Court, Small Claims

of certain criminal offences Court, the Gun Court •The Tax Court

persons in the taxpayer

including treason, murder (R.M. Division) and the

camera, without has exhausted and rape. However, a Tax Court are

a jury. all Preliminary Enquiry is held specialized divisions

administrative to determine whether the presided over by

avenues for evidence is sufficient for Resident Magistrates.

appealing a the accused to stand trial

taxation at the Supreme Court.

decision.

Ministry of Justice



To provide the legal and policy framework within which justice services are

efficiently and effectively delivered to all.



Project Objectives



To collect, collate, store and disseminate accurate and timely information to all

required sources on behalf of the Jamaican Judiciary. For example, to such

sources as the Jamaica Crime Observatory (JCO), the Planning Institute of Jamaica

(PIOJ), the Ministry of Justice and the Coexistence and Citizen Security

Standardized Regional Indicator System.

 There is presently no statistical unit based at the Court of Appeal, the

Supreme Court of Jamaica or in the Resident Magistrates Courts. The

responsibility for data collection and storage is carried out by the

Strategic Planning, Policy Research and Evaluation Division of the

Ministry of Justice.



Important

 This project will enable the formation of a Court Statistics

Unit/Department to be established at the Supreme Court of Jamaica and

this unit will be able to assist in fulfilling the mandates of the Jamaica

Crime Observatory and the Coexistence and Citizen Security Standardized

Regional Indicator System.

Functions

Collate, store and disseminate accurate and timely data to all required sources.

Analysis of data to inform policies for Jamaica’s development

Grant the public access to specified data via the Supreme Court’s website.

www.sc.gov.jm



Chief Justice, Database Administrator, Statistician (Full Access)







Court Administrators, Judges (Partial Privileges to Summary Data)







Supervisors (Partial Privileges to Summary Data)





Data Entry Clerks and Other clerks (partial access including data entry

privileges)





The Public (viewing privileges)

System Name : Judicial Enforcement System (JEMS)

 Designed for advanced court functionality to initiate, maintain, track and calendar

cases with efficiency through to the disposition.

 Increased accountability, productivity and enhanced efficiency in the courts.



Features of the Judicial Enforcement System (JEMS)

 Real Time Processing and Scheduling of cases for court

Performs task in real time such as rescheduling cases and updating files in court.

 Automated Court Processes

Allows the court to define and automate virtually any simple procedure which

will minimize training needs and room for errors in the system. It also will improve

efficiency and accuracy of the courts’ workflow processes.

 Court Document Generation

Allows the system to design and print any number of forms or other documents

including outputting data entered into JEMS.

Advanced Information Sharing

Supports multiple court agencies through facilitating information sharing and the

duplication of entry is minimized. This feature also supports the setting up of

security levels and restrictions within the system.



Advanced Technology Add-Ons

The software fully integrates with add-ons such as imaging, e-signatures, e-filing,

Pocket JEMS and mobile JEMS

About two (2) years ago JEMS was introduced in the Resident Magistrate’s Court

in Clarendon as a pilot project. At that time the plan was to use the server at the

Supreme Court as the storage area for court data. Nodes would link the server at the

Supreme court with computers in the Resident Magistrates Court. However, there

is currently no interconnectivity between the courts and a wide area network is

now needed to link all courts



JEMS was recently upgraded at the Supreme Court and training is currently taking

place for all court personnel. The staff of the Resident Magistrates Courts will

need to be trained to use the system.

 Data is presently collected manually from the court sheets by assigned staff

members in all the courts across the island, based on requests from the

Ministry of Justice and other entities.



Supreme Court and Circuit Courts

 Data is collected manually from the court sheets at the end of the term and sent

to the Ministry of Justice. The court is attended by one clerk per court which makes

it extremely difficult for data entry especially in courts in which cases are set for

mention ,where the volume of work is heavy.



Gun Court

 Data is collected manually from the court sheets on a quarterly basis. This

collection process is fraught with difficulties and may result in inaccurate

figures because of the volume of work presently in the Gun Court. The Gun Court

currently handles 25-30 new cases per week.



 The process of entering cases into JEMS had commenced in the Gun Court but that

process had to be stopped because of the volume of work and lack of

equipment (computers, data entry personnel etc.).

Resident Magistrates Court



 Data is collected daily from court sheets or whenever the need arises.

However the court sheets are usually in court during the days and

unavailable to the staff during working hours.



 Handles over 125 listed cases on a weekly basis, depending on the parish

in which the court is situated.



 Except in the parishes of Kingston and St. Andrew where there is a

designated Traffic Court The Resident Magistrates Courts handle traffic

cases which run into the hundreds on a weekly basis.

 No such analysis is currently being undertaken by the

Jamaican Court System

 Court Management Services recently assumed the mantle of

directing the development of the Jamaican Court System

from the Ministry of Justice



 It is envisioned that with the genesis of this programme and

the full implementation of the Court Management Services,

the courts will now be empowered to conceptualize and

implement its own research policies, which would include

delinquency analysis methodologies

 However, JEMS will be able to capture demographic data on

recidivism

 Due to the entry of the Jamaican society into the information age more

accurate data is now being required by various entities as well as

International Agencies. Consequently, there is now an urgent need for the

courts to manage their own databases and be involved in the production,

storage and dissemination of that data.



 They must now be equipped to assist the research process in developing

policies for the Jamaican Citizenry.



 There are various legislations and regulations requiring periodic

forwarding of reports, returns and notices to external agencies relating to

children for example but difficulties are being experienced by the courts in

fulfilling their obligations due to lack of resources.

Ruling



Cases D.P.P. Supreme Court M.O.J. Other agencies

Investigation (J.C.F)







Complaints









Cases Resident Magistrate Court

Investigation (J.C.F.) ( Clerk of Courts) Ruling



The above diagram shows the information flow for the Supreme Court and

Resident Magistrates Court for criminal matters.

700

635



600

530

500



408

400 344



300

281 Total Kgn & St. Andrew

248 282

200 Total Other Areas of Jamaica





100 167



36

14

0 36 41



Rape

Carnal

Incest

Abuse Indecent

Buggery

Assault Abduction

300



255

246

250







200



158



150 Total Kgn & St. Andrew



107 Total Other Areas of Jamaica

101 97

100

75



46

50

18 20

5 8



0

Rape Carnal Incest Indecent Buggery Abduction

Abuse Assault

Divisions 2010 Number 2011 Number

Kingston 11-15 3 11-15 5

Central

Kingston 16-20 3 11-15 16

East

Kingston 11-15 4 11-15 4

West

St. Andrew 11-15 9 11-15 11

Central

St. Andrew 11-15 9 11-15 2

North

St. Andrew 11-15 13 11-15 13

South

THE END!



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