JUSTICES OF THE PEACE JURISDICTION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Summary Convictions and Orders

   2   Power to issue summons

   3   If summons not obeyed Justice may issue warrant

   4   Provisions as to warrant

   5   Description of property in information, etc

      Special summary jurisdiction of Justices in respect of certain enactments

   6   Accessories

   7   Provision where order for payment of money

   8   Informations for offences punishable on summary conviction

   9   Manner of making complaint or laying information

      When warrant issued in first instance, information to be on oath

      Complaints and informations to embrace one matter only

   10   Limitation of time for complaints and informations

   11   As to hearing of complaints or informations

   12   Defendant not appearing course of proceeding to be observed

      Defendant appearing and complainant or informant not, what is to be done

      Defendant failing to reappear

      If both parties appear, Justice to hear and determine case

   13   Proceedings at the hearing of complaints or informations

   14   Competency of witnesses

   15   Power to adjourn, and course of proceeding upon adjournment

   16   Form of convictions and orders

      When minute of order to be served on defendant

   17   Costs

   18   Power to issue warrant of distress

      When defendant may be committed in first instance

   19   Justice after issuing warrant of distress may suffer defendant to go at large, etc

   20   In default of distress Justice may commit defendant to prison

   21   Cases where Act provides no remedy in default of distress

   22   Power of Justice to commit in first instance in certain cases

   23   Power to Justice to commit where the conviction is not for a penalty, nor the order for payment of money, and the punishment, etc

   24   Imprisonment for second offence to commence at expiration of that for previous offence

   25   Information dismissed, costs may be recovered from prosecutor, etc

   26   Defendant may tender payment to constable or gaoler

   27   In summary proceedings one Justice may issue summons or warrant, etc, and, after conviction or order, may issue warrant of distress

   28   Forms in Schedule relating to proceedings under Part I

 

PART II
Preliminary Examinations: Indictable Offences

   29   When Justice may cause party to be brought before him

   30   Power to Justice to issue warrants on a Sunday

   31   When information in writing necessary

   32   Procedure to compel attendance of person charged

   33   Warrant to apprehend

      Defects in substance or form of warrant

   34   Examination

   35   Room where examination taken not to be deemed an open Court

   36   Depositions to be read to accused

   37   How Justices are to proceed when any person shall be brought before them charged with an indictable offence

   38   Power to Justice to bind over prosecutor and witnesses

      Witness refusing to cater into recognizance may be committed

   39   Power to remand, etc

      Power to Justices in certain cases to defer examination for fourteen days

      Remand not exceeding three days

      Power to remand accused person limited to certain cases

   40   Examination of accused in parish other than that where offence charged to have been committed

   41   Bail

   42   Warrant of deliverance

   43   What to be done after hearing of case for prosecution

   44   Constable to take accused to prison

   45   Defendant entitled to copy of depositions

   46   Forms in Schedule, numbered (15) to (26)

 

PART III
General Provisions

   47   Power to summon witnesses

   48   Power of Justices to order production of documents

   49   Provision to execute warrant in any parish

   50   Power to bail witnesses arrested under warrants

   51   Subpoena. summons or warrant issued in one parish may be served or executed in another

   52   Bail may be taken in any parish in which party apprehended

   53   Justice for two parishes may act for one whilst residing in the other

   54   Part I to extend to later enactments giving summary jurisdiction to Justices

   55   Forms relating to proceedings under Part I

   56   Person interested in execution of distress warrant may defend action brought against constable for executing it

   57   Enforcement for fine

   58   Pecuniary amends to complainant

   59   Imprisonment to run from date of capture

   60   Stamp duty on summons

   61   Power to adjourn

   62   Bringing up person imprisoned to answer further charge

   63   Certain process shortened

   64   Form of documents in criminal proceedings before Justices

   65   Fees payable

   66   Power of Justices to remit, excuse or postpone payment of fees on criminal process

   67   Power to impose fine instead of imprisonment

   68   Things Court may do on making order for payment

   69   Court may order person adjudged to be searched

      Person executing warrant may seize money found on person adjudged

   70   When Court may revoke term of imprisonment

   71   Minister may make rules

   72   Enforcement of recognizance on non-appearance

 

PART IV
Stipendiary Justices

   73   Governor-General may appoint Stipendiary Justice, each with power of two Justices

 

PART V
Small Penalties Recovery

   74   Interpretation of penalty

   75   Limit of imprisonment in relation to penalties

   76   Applicable to all enactments imposing such penalties

   77   Not to Revenue penalties

 

PART VI
Protection from Vexatious Proceedings

   78   Form of action against Justice

   79   Actions for acts done without jurisdiction, etc

   80   Warrant granted by one Justice upon conviction by another

   81   Justice not liable to action for what ordered to do

   82   No action against Justice for defect in conviction affirmed on appeal

   83   Actions brought against provisions of Act may be set aside

   84   Damages

      SCHEDULE

 

THE JUSTICES OF THE PEACE JURISDICTION ACT

[Date of Commencement: Parts I, II and III 1850; Part IV 31st October, 1866; Part V 1st August, 1868; Part VII 1849]

Cap 188.

Acts
42 of 1969,
3 of 1994,
31 of 1995,
19 of 2000,
12 of 2006.

1   Short title

   This Act may be cited as the Justices of the Peace Jurisdiction Act.

PART I
Summary Convictions and Orders (sections 2-28)

2   Power to issue summons

   (1) In all cases where any information shall be laid before one or more of Her Majesty's Justices of the Peace for any parish within this Island, that any person has committed, or is suspected to have committed, any offence or act within the jurisdiction of such Justice or Justices for which he is liable by law, upon a summary conviction for the same before a Justice or Justices to be imprisoned or fined, or otherwise punished; and also in all cases where a complaint shall be made to any such Justice or Justices upon which he or they have, or shall have, authority by law to make any order for the payment of money or otherwise, then and in every such case it shall be lawful for such Justice or Justices to issue his or their summons (according to Form (1) in the First Schedule), directed to such person, stating shortly the matter of such information or complaint, and requiring him to appear at a certain time and place before the same Justice or Justices, or before such other Justice or Justices of the same parish as shall then be there to answer to the said information or complaint, and to be further dealt with according to law; and every such summons shall be served by a constable or other peace officer, or other person to whom the same shall be delivered upon the person to whom it is so directed, by delivering the same to the party personally, or by leaving the same with some person for him at his last or most usual place of abode; and the constable, peace officer, or person who shall serve the same in manner aforesaid, shall attend at the time and place and before the Justices in the said summons mentioned, to depose, if necessary, to the service of the said summons:

[3/1994 s 2(a).]

   Provided always, that nothing herein mentioned shall oblige any Justice or Justices to issue any such summons in any case where the application for any order of Justices is by law to be made ex parte:

   Provided also that no objection shall be taken or allowed to any information, complaint, or summons for any alleged defect therein in substance or in form, or for any variance between such information, complaint, or summons, and the evidence adduced on the part of the informant or complainant at the hearing of such information or complaint as hereinafter mentioned; but if any such variance shall appear to the Justice or Justices present and acting at such hearing to be such that the party so summoned and appearing has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day.

   (2) For the purposes of this Act any notice given under subsection (2) of section 52 of the National Solid Waste Management Act or subsection (2) of section 116 of the Road Traffic Act or any process, summons or other document under subsection (2) of section 52 of the National Solid Waste Management Act or subsection (2)(c) of section 13 of the Transport Authority Act may be construed as an information and summons.

[3/1994 s 2(b); 21/2005 s 7; 12/2006 s 2.]

3   If summons not obeyed Justice may issue warrant

   If the person so served with a summons as aforesaid shall not be and appear before the Justice or Justices at the time and place mentioned in such summons, and it shall be made to appear to such Justice or Justices, by oath or affirmation, that such summons was so served what shall be deemed by such Justice or Justices to be a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for such Justice or Justices, if he or they shall think fit, upon oath or affirmation being made before him or them substantiating the matter of such information or complaint to his or their satisfaction, to issue his or their warrant (according to Form (2) in the First Schedule) to apprehend the party so summoned, and to bring him before the same Justice or Justices, or before some other Justice or Justices in and for the same parish, to answer to the said information or complaint, and to be further dealt with according to law; or upon such information being laid as aforesaid for any offence punishable on conviction the Justice or Justices before whom such information shall have been laid may, if he or they shall think fit, upon oath or affirmation being made before him or them substantiating the matter of such information to his or their satisfaction, instead of issuing such summons as aforesaid, issue, in the first instance, his or their warrant (according to Form (3) in the First Schedule) for apprehending the person against whom such information shall have been so laid, and bringing him before the same Justice or Justices or before some other Justice or Justices in and for the same parish, to answer to the said information, and to be further dealt with according to law; or, if where a summons shall be so issued as aforesaid, and upon the day and at the place appointed in and by the said summons for the appearance of the party so summoned, such party shall fail to appear accordingly in obedience to such summons, then and in every such case, if it be proved upon oath or affirmation to the Justice or Justices then present that such summons was duly served upon such party a reasonable time before the time so appointed for his appearance as aforesaid, it shall be lawful for such Justice or Justices to proceed ex parte to the hearing of such information or complaint, and to adjudicate thereon as fully and effectually to all intents and purposes as if such party had personally appeared before him or them in obedience to the said summons.

4   Provisions as to warrant

   Every such warrant to apprehend a defendant that he may answer to any such information or complaint as aforesaid shall be under the hand or hands of the Justice or Justices issuing the same, and may be directed either to any constable or other person by name, or generally to the constable of the parish within which the same is to be executed without naming him, or to such constable and all other constables within the parish within which the Justice or Justices issuing such warrant hath or have jurisdiction, or generally to all the constables within such last-mentioned parish; and it shall state shortly the matter of the information or complaint on which it is founded, and shall name, or otherwise describe, the person against whom it has been issued; and it shall order the constable or other person to whom it is directed to apprehend the said defendant, and to bring him before one or more Justice or Justices (as the case may require) of the same parish, to answer to the said information or complaint, and to be further dealt with according to law; and it shall not be necessary to make such warrant returnable at any particular time, but the same may remain in full force until it shall be executed:

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