JUDICATURE (APPELLATE JURISDICTION) ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Composition, Jurisdiction and Powers of the Court of Appeal

   3   Judges of Court of Appeal

   4   Qualification and status of Judges of the Court of Appeal

   5   Sittings of Court

   6   Seal

   7   Registrar and other officers

   8   Appointment, qualification and duties of Deputy Registrar

   9   Jurisdiction of Court of Appeal

 

PART III
Appellate Civil Jurisdiction

   10   Appeals from Supreme Court in civil proceedings

   11   Restrictions on appeals

   12   Appeals from Resident Magistrates Courts in civil proceedings

 

PART IV
Appellate Criminal Jurisdiction (Supreme Court)

   13   Right of appeal on conviction in the Supreme Court

   14   Determination of appeals in ordinary cases

   15   Wrong conclusion on special verdict

   16   Time for appealing

   17   Judge's notes and resort to be furnished on anneal

   18   Forms and instructions to be furnished by Registrar

   19   Custody of documents and exhibits

   20   [Repealed by Act 36 of 1997 s 29(1)(a).]

   21   Right of appellant to be present at hearing of appeal

 

PART IVA
Appellate Criminal Jurisdiction in matters concerning writ of habeas corpus and prerogative orders

   21A   Appeals in habeas corpus proceedings and in relation to prerogative orders

 

PART V
Appellate Criminal Jurisdiction (Resident Magistrates' Courts)

   22   Appeals from Resident Magistrates in criminal proceedings

   23   Powers and authorities of Court of Appeal

 

PART VI.
General Provisions Relating to Criminal Appeals

   24   Powers of Court in special cases

   25   Appeals from special verdict of guilty but insane

   26   Revesting and restitution of property on conviction

   27   Suspension of sentence of death or corporal punishment

   28   Supplemental powers of Court

   29   Reference of case by Governor-General

   30   Costs of appeal

   31   Release of appellant on bail, and custody when attending Court of Appeal

   32   Powers which may be exercised by a Judge of the Court

   33   Procedure in Court of Appeal

 

PART VII
Appeals in Contempt Proceedings

   34   Appeals from orders in contempt proceedings

 

PART VIII
Appeals to Her Majesty in Council (Criminal Jurisdiction)

   35   Appeals to Her Majesty in Council in Criminal Cases

 

THE JUDICATURE (APPELLATE JURISDICTION) ACT

[Date of Commencement: 5th August, 1962]

Law 15 of 1962.

Acts
33 of 1965,
29 of 1966,
17 of 1967,
42 of 1969,
12 of 1970,
24 of 1971,
42 of 1973,
9 of 1985,
17 of 1991,
36 of 1997,
19 of 2000,
5 of 2003,
13 of 2008.

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Judicature (Appellate Jurisdiction) Act.

2   Interpretation

   In this Act-

   "appellant" includes a person who has been convicted and desires to appeal under this Act;

   "appointed day" means the 5th day of August, 1962;

   "clerk of the court" means the clerk of a Resident Magistrate's Court appointed under the Judicature (Resident Magistrates) Act;

   "Court" means the Court of Appeal;

   "enactment" includes any regulation or instrument issued pursuant to a statutory power;

   "former Court of Appeal" means the Court of Appeal established by the Judicature (Court of Appeal) Law (now repealed) prior to the appointed day;

   "former Supreme Court" means the Supreme Court of Jamaica as constituted immediately prior to the appointed day;

   "Judge" means Judge of the Court of Appeal;

   "judgment" or "sentence" includes any order of a court made on conviction with reference to the person convicted or his children, and any recommendation of a court as to the making of a deportation order in the case of a person convicted, and the power of the Court of Appeal to pass a sentence includes a power to make any such order of a court or recommendation, and a recommendation so made by the Court of Appeal shall have the same effect for the purposes of section 15 of the Aliens Act, as the certificate and recommendation of the convicting court;

   "matrimonial cause" means any suit within the jurisdiction of the Court under the Matrimonial Causes Act;

   "Privy Council" means the Privy Council established by section 82 of the Constitution of Jamaica;

[12/1970 s 2.]

   "Registrar" means the Registrar of the Court of Appeal;

   "Supreme Court" means the Supreme Court for Jamaica.

PART II
Composition, Jurisdiction and Powers of Court of Appeal (sections 3-9)

3   Judges of Court of Appeal

   (1) The Judges of the Court shall be-

[13/2008 s 2(b).]

   (a)   a President;

   (b)   the Chief Justice by virtue of his office as head of the Judiciary but who, however, shall not sit in the Court unless there are at least four other Judges sitting and unless he has been invited so to sit by the President of the Court;

   (c)   not less than three nor more than twelve other Judges.

[17/1967 s 3; 13/2008 s 2(a).]

   (2) The Minister may by order published in the Gazette amend subsection (1) so as to increase the maximum number of Judges who maybe appointed to the Court, which order shall be subject to affirmative resolution.

[13/2008 s 2(b).]

4   Qualification and status of Judges of the Court of Appeal

   (1) A person shall not be appointed to be a Judge of the Court unless he is a member of the Bar of Jamaica, England, Scotland or Northern Ireland-

   (a)   of at least ten years standing; or

   (b)   who holds or has held office as a Judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court.

   (2) Judges of the Court shall have in all respects, save as otherwise provided in this Act, equal power, authority and jurisdiction.

5   Sittings of Court

   The Court may, if the President of the Court so directs, sit in more than one division of three Judges at the same time.

[29/1966 s 2(a); 13/2008 s 3.]

6   Seal

   The President of the Court shall cause a Seal to be provided for the Court.

7   Registrar and other officers

   (1) There shall be a Registrar of the Court, and a person shall not be appointed to be Registrar unless he is a member of the Bar of Jamaica, England or Northern Ireland or of the Faculty of Advocates of Scotland, or a Solicitor of the Supreme Court of Jamaica or of the Supreme Court of Judicature of England, Scotland or Northern Ireland or a Writer to the Signet of Scotland.

[24/1971 s 2(a).]

   (2) The Registrar shall have such power and authority and perform such duties as shall be necessary for the due conduct and discharge of the business of the Court and as the President of the Court shall direct.

[24/1971 s 2(b).]

   (3) Without prejudice to the generality of the provisions of this section, the Registrar shall take all necessary steps for obtaining a hearing under this Act of any appeals or applications, and shall obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things relating to the proceedings in the Court before which the case, or the appellant or applicant, was tried which appear necessary for the proper determination of the appeal or application.

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