Last week, we began this series on the court system by looking at civil matters in the Magistrates’ Court. We noted the three levels of the court system:
• The Magistrates’ Court—the first level;
• The Supreme Court of Judicature, comprising the High Court of Justice and the Court of Appeal—the second level
• The Privy Council—the third level and final court of appeal.
We continue this week by looking at the criminal jurisdiction of the Magistrates’ Court.
Summary offences
The jurisdiction of the magistrate in criminal cases is limited to particular offences. A magistrate usually only hears matters of a summary nature, that is, matters which are less serious in nature. There is an exception for certain indictable offences, which are more serious offences that are usually tried before a judge and jury in the High Court.
For some offences, if the prosecution recommends summary trial and the person who is accused agrees to summary trial, the magistrate may try an indictable case in the Magistrate Court. It is, however, the right of an accused to have an indictable case tried before a judge and jury.
Proceedings
Matters heard in the Magistrates’ Court are heard before a magistrate alone. There is no jury at a summary trial. The magistrate decides what law applies and also decides the facts.
Proceedings for summary offences begin when a complaint is laid. A complaint is a statement setting out what a person has been charged with and giving brief details of when, where and how the offence took place. Once a complaint is laid, usually by a police officer, the next step taken is that a summons is issued to the person charged by the magistrate or justice of the peace in the area in which the complaint is laid. A summons is a notice to a person to appear at the relevant court on a particular date.
Some persons then choose to retain an attorney to represent them in court. However, many accused persons, even those on more serious charges, choose to represent themselves and argue their own case. Legal Aid is available at the discretion of the magistrate to persons charged. If you cannot afford to hire a lawyer and you wish to be represented by one you should ask the magistrate at the earliest chance for a legal aid lawyer to be appointed.
Preliminary Inquiries
The Magistrates’ Court also hears preliminary inquiries in indictable matters before those matters are sent to the High Court for trial. The magistrate’s function at a preliminary inquiry is to decide if the prosecution has made out a prima facie case against the accused to justify his/her trial by jury.
A person who is dissatisfied with the decision of the magistrate in a summary trial may file an appeal to the Court of Appeal. An appeal must be filed within 7 days of the decision.
• Next week: The Supreme Court
Co-ordinator: Roshan Ramcharitar. This column is not legal advice. If you have a legal problem, you should consult a legal adviser.