GUN COURT ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Establishment of Gun Court

   4   Divisions of the Court

   5   Jurisdiction of Divisions of the Court

   6   References to and from the Court

   7   Sittings of the Court

   8   Special powers of Court re sentence

   9   General power of Divisions of the Court

   10   Judges of the Court

   11   Officers of the Court

   12   Mode of trial in the Court

   13   Proceedings to be in camera

   14   Appeals

   15   Rules of Court

   16   Regulations

   17   [Repealed by Act 1 of 1983.]

   18   Offences

   19   Saving

   20   Exclusion of technical offences of possession of firearms

      SCHEDULE

 

THE GUN COURT ACT

[Date of Commencement: 1st April, 1974]

Acts
8 of 1974,
1 of 1976,
1 of 1983,
6 of 1987.
14 of 1992,
9 of 1999,
1 of 2005.

LN 143/1976.

1   Short title

   This Act may be cited as the Gun Court Act.

2   Interpretation

   In this Act-

   "Clerk", "Deputy Clerk'' and "Assistant Clerk" mean respectively a person appointed to be a Clerk of the Courts, a Deputy Clerk of the Courts, or an Assistant Clerk of the Courts or to act in any one of those capacities (as the case may be) under the Judicature (Resident Magistrates) Act;

   "the Court" means the Gun Court established under section 3;

[9/1999 s 2.]

   "firearm" shall have the meaning assigned thereto by subsection (1) of section 2 of the Firearms Act;

   "firearm offence" means-

   (a)   any offence contrary to section 20 of the Firearms Act;

   (b)   any other offence whatsoever involving a firearm and in which the offender's possession of the firearm is contrary to section 20 of the Firearms Act;

   "murder" . . .

[1/2005 s 7(3)(a).]

   "Regional Gun Court (Western)" means the Regional Gun Court (Western) established under section 8A.

[9/1999 s 2.]

   "Resident Magistrate" means a person appointed to be a Resident Magistrate or to act as such under the Judicature (Resident Magistrates) Act;

   "Supreme Court Judge" means a Judge of the Supreme Court.

3   Establishment of Gun Court

   (1) There is hereby established a court, to be called the Gun Court, which shall have the jurisdiction and powers conferred upon it by this Act.

   (2) The Court shall be a Court of Record and, in relation to any sitting of the Court at which a Supreme Court Judge presides, shall be superior Court of Record.

   (3) The Chief Justice shall cause the Court to be provided with a seal, which shall be judicially noticed, and all process issuing from the Court shall be sealed or stamped with such seal.

4   Divisions of the Court

   The Court may sit in such number of Divisions as may be convenient and any such Division may comprise-

   (a)   one Resident Magistrate- hereinafter referred to as a Resident Magistrate's Division;

   (b)   a Supreme Court Judge sitting without a jury- hereinafter referred to as a High Court Division; or

[1/1976 s 2.]

   (c)   a Supreme Court Judge exercising the jurisdiction of a Circuit Court-hereinafter referred to as a Circuit Court Division.

5   Jurisdiction of Divisions of the Court

   (1) A Resident Magistrate's Division of the Court shall have jurisdiction-

[1/1976 s 3; 14/1992 s 6(b).]

   (a)   to conduct any preliminary examination relating to a firearm offence which is murder or treason, whether committed in Kingston or St. Andrew or any other parish, other than the parishes referred to in section 8A(3) or a parish designated under section 8D and to commit the accused to a Circuit Court Division of the Court;

[9/1999 s 2.]

   (b)   to hear and determine any offence under sub-section (3) of section 13.

   (c)   without prejudice to the jurisdiction of any other Division, to grant bail, fix trial dates and determine all matters appearing to a Resident Magistrate assigned to that Division of the Court to be ancillary to trial in any Division of the Court.

<IN:LF:0,RT:0.03125,FI:0>[1/1983 s 2(a) and (b).]

   (2) A High Court Division of the Court shall have jurisdiction to hear and determine-

   (a)   any firearm offence, other than murder or treason;

[14/1992 s 6(b).]

   (b)   any other offence specified in the Schedule,

whether committed in Kingston or St. Andrew or any other parish, other than the parishes referred to in section 8A(3) or a parish designated under section 8D.

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