2. Attorney General of Jamaica is the chief
law officer in Jamaica.
Section 79(1) of the Constitution of
Jamaica states that "there shall be an
Attorney General who shall be the principal
legal adviser to the Government of
Jamaica" and pursuant to the Crown
Proceedings Act all civil proceedings by or
against the Government are instituted in
the name of the Attorney General.
3. In most common law jurisdictions, the attorney
general or attorney-general is the main legal advisor to
the government, and in some jurisdictions he or she may also
have executive responsibility for law enforcement or
responsibility for public prosecutions.
The term is used to refer to any person who holds a
general power of attorney to represent a principal in all
matters. In the common law tradition, anyone who
represents the state, especially in criminal prosecutions,
is such an attorney. Although a government may
designate some official as the permanent attorney
general, anyone who comes to represent the state in
the same way is referred to as such, even if only for a
particular case.
4. Judges play many roles. They interpret the law,
assess the evidence presented, and control
how hearings and trials unfold in their
courtrooms. Most important of all, judges are
impartial decision-makers in the pursuit of
justice. We have what is known as an
adversarial system of justice - legal cases are
contests between opposing sides, which
ensures that evidence and legal arguments will
be fully and forcefully presented. The judge,
however, remains above the fray, providing an
independent and impartial assessment of the
facts and how the law applies to those facts.
5. Many criminal cases - and almost all civil ones - are heard by
a judge sitting without a jury. The judge is the "trier of fact,"
deciding whether the evidence is credible and which
witnesses are telling the truth. Then the judge applies the law
to these facts to determine whether a civil claim has been
established on a balance of probabilities or whether there is
proof beyond a reasonable doubt, in criminal cases, that the
suspect is guilty. Anyone who faces five years or more in
prison if convicted of a crime has the right, under the Charter,
to request a jury trial, and many defendants facing serious
offences such as murder opt to have a jury hear their case.
The jurors become the triers of fact and assess the evidence
while the judge takes on the role of legal advisor, explaining
the law to the jurors. The jurors then retire to deliberate on a
verdict. In criminal cases the jury's verdict, either "Guilty" or
"Not Guilty" must be unanimous.
6. If the defendant is convicted of a crime,
the judge passes sentence, imposing a
penalty that can range from a fine to a
prison term depending on the severity of
the offence. In civil cases the judge
decides whether a claim is valid and
assesses damages, grants an injunction
or orders some other form of redress to
the plaintiff, unless a jury has been
empanelled to make these decisions.
7. The Registrar is the civil service administrative
head of department for the purposes of the
Judicial and Legal Service Commission
Regulations as well as the Public Service
Commission Regulations and the accounting
officer for the purposes of the Financial
Administration and Audit Act. The Registrar also
has judicial functions. Any correspondence
intended to reach the Justices of Appeal or an
individual Justice of Appeal is required to be
addressed to the Registrar and all official
correspondence emanating from the court
should be signed on behalf of the Registrar of
the Court.
8. The Registrar is responsible for ensuring
that the mail is dealt with in accordance
with the provisions of General Orders.
The Registrar is responsible for the
recruitment, promotion and discipline of
support staff members.
9. By section 6 of the Court of Appeal Act (Ch. 52), it is the
duty of the Registrar " to take all necessary steps for
obtaining a hearing [under the Act] of all appeals and
applications made to the court and to obtain and lay
before the court in proper form all documents, exhibits
and other things relating to the proceedings in respect of
which the appeal or application has been brought and
which appear necessary for the determination thereof by
the court."
In civil appeals, the Registrar is also required to summon
the parties to appear before the Registrar to settle the
record for an appeal under rule 13 of the Court of Appeal
Rules.
The Registrar also has a discretion, in civil cases, to refuse
to file or receive any documents which do not strictly
comply with rule 15 of the Court of Appeal Rules.
10. fact to a Justice of Appeal who will then order that the appeal
be dismissed with or without costs.
In criminal appeals to the Court against conviction or sentence,
a person desiring to appeal shall commence his appeal by
submitting to the Registrar a Notice of Appeal or a Notice of
Application for leave to appeal or Notice of Application for
extension of time within which such notice shall be given.
In all cases, it is the duty of the Registrar to notify the Registrar of
the court below of the final determination of this court as well as
any orders or directions made or given by this court in relation to
any appeal or any matter connected with such an appeal.
In addition, once an appeal has been finally determined by this
court, it is the duty of the Registrar to return to the proper officer
of the court below any original depositions, exhibits, information,
plea or other documents usually kept by such officer, or forming
part of the record of the court below
11. If an appellant does not comply with the requirements of rule 13(3), (in
civil cases) it is the duty of the Registrar to certify that With regard to
magisterial appeals, where an appeal relates to a case which has been
tried by the Chief Magistrate or a stipendiary and circuit magistrate or a
circuit justice on circuit, the Registrar is to receive "without delay" from
the magistrate's court a copy of the conviction order or judgment and
all papers relating to the appeal - see section 237 of the Criminal
Procedure Code Act (Ch 91 of the 2002 Edition of the Statute Laws of
The Bahamas - "the CPC")).
Under section 243 of the CPC it is the statutory duty of the Registrar to set
each magisterial appeal down for hearing and to cause notice of such
fixture to be published in such manner as the court may direct. It is the
duty of the Registrar to ensure that the records of the Court are kept in
proper order. As far as the budget permits, it is the duty of the Registrar
to ensure that all necessary material - including reference and other
books and research tools - are available for the Justices of Appeal. By
rule 35(3) of the Court of Appeal Rules the Registrar shall be the taxing
officer where the costs of an appeal is allowed and the Court orders the
costs to be taxed.
12. The prosecutor is the chief legal
representative of the prosecution in
countries with either the common
law adversarial system, or the civil
law inquisitorial system. The prosecution is
the legal party responsible for presenting
the case in a criminal trial against an
individual accused of breaking the law.
13. An actual officer of the court. He
provides the courtroom security and
safety. Maintains a watchful eye and
assists in carrying out the judges orders.
He controls the people coming in and
out of the courtroom. If a piece of
evidence is needed or a witness needs
to be brought in, it is the bailiffs job to do
so. He also administers the oath to
witness and says “all rise”.
14. A court officer serving processes,
attending court, giving personal service
to the judge etc.
15. Attends the session of the court to preserve
order and decorum therein, which includes,
but is not limited to protecting the judges,
court clerk and general public. The
Marshal’s office is authorized to execute all
writs, process(i.e. warrants, summons,
subpoenas, etc) and orders of the superior
court and to conduct auctions, and to
perform such other duties incident to the
office of the Marshal which includes, but is
not limited to serving as peace officer in the
territory
