Levels of court supremacy
By Renay Sambach
Kaieteur News – If you are not aware of the different functions of the different courts in Guyana or the way they operate, this article may help.
In Guyana, the Judiciary includes three distinct levels of court supremacy. There are several jurisdictional Magistrates’ Courts, one High Court in each of the three counties and one Court of Appeal.
MAGISTRATE COURT
The Justices are the focal point of the Guyana Judiciary. There are more Magistrates Courts than any other court in Guyana and as such, a large number of criminal cases are disposed of at the Magistrate level.
Georgetown Magistrates’ Courts.
The Magistrate also deals with summary criminal matters such as: assault, simple larch, abusive language, armed robbery, forgery and civil matters.
Working at that level of court are Magistrates, who are Judicial Officers who administer the law in the various areas across the country.
There is the Chief Magistrate, Chief Magistrates, Senior Magistrates and Magistrates. By law, the Chief Magistrate, Chief Magistrate, and Senior Magistrate have the power to exercise and perform all the functions conferred on a magistrate under the Summary Jurisdiction (Magistrates) Act.
The Magistrates act by examining facts presented to the court by the prosecution and defense and then using the relevant laws to reach a verdict or final decision.
At a trial in the Magistrates’ Courts for matters disposed of summarily, the prosecution submits the evidence in the matter to the court and at the end of a trial the Magistrate can either adjudicate if there is insufficient or insufficient evidence defendant is convicted of the offense.
All serious crimes such as murder, carnal knowledge, rape and other serious criminal matters start at the Magistrate level. For those offenses a Preliminary Investigation (PI) or Consignment Paper will be conducted before being sent to the High Court if sufficient evidence is produced.
For serious offenses a defendant is not required to plead to the charge as it is unambiguously laid down. In a PI, the evidence in the matter is presented to the court and at the end, the Magistrate can either adjudicate if there is insufficient or insufficient evidence against the defendant to stand trial in the High Court or the release matter.
Most people often mistake the issue being released and the issue being rejected. A serious crime, being acquitted against someone, is not an acquittal. It should be noted that with the release of a matter, charges may be brought again, against someone for the same alleged offense.
As well as criminal matters, Magistrates also hear some civil cases and family disputes.
Magistrates also cannot adjudicate for serious offenses, only Judges can pass a judgment for serious offenses in the High Court and Magistrates cannot impose a sentence of more than five years for any matter.
Apart from dealing with most criminal matters, the Magistrates Court is where people go to pay or raise child maintenance.
HIGH COURT
Unlike the Magistrates Court, Judges in the Supreme Judiciary Court, often called the High Court, have the power to impose life and death sentences in criminal trials.
The High Court.
The High Court stands right above the Magistrates’ Court and although it is called the High Court, the court is not at the top of the Judiciary with the most power or responsibility.
There is provision for 12 judges in the High Court, with overall responsibility for the Chief Justice. There is one High Court in each county, one in Georgetown; New Amsterdam, Berbice and Suddie, Essequibo Coast.
During a court case in the High Court, a Judge is treated with respect as “Your Honor” while the Prosecutor, the legal party responsible for presenting the case in criminal proceedings against a person accused of breaking the law , is referred to as “Sir” or “Miss”. Prosecutors in the High Court for criminal cases are usually attorney-at-laws attached to the Chambers of the Director of Public Prosecution (DPP), Shalimar Ali-Hack, SC
Most High Court cases are held before a single Judge. Criminal and civil cases are taken in the High Court. After a DP or a paper consignment has taken place in the Magistrates’ Court, it commits the defendant to stand trial in the High Court for the offense.
A unique feature of the High Court is that the Jury is involved in criminal cases. A Jury is a body of 12 people brought in to give an evidence-based verdict presented to them in court. These selected civilians are expected to be free from prejudice. The Jury is tasked with returning a verdict, often after hours and hours of deliberation.
However, it should be pointed out that a Judge has the power to dismiss a serious charge, such as attempted murder, rape or murder.
The DPP brings all criminal cases in the High Court. The CPD has the discretionary power to either withdraw or reinstate a charge. However, if a charge is reset; he will have to start from Magistrate Level before he is released or remanded before a Judge of the High Court.
In addition, law suits are also filed in the High Court. If an individual (also a company or organization) feels victimized and wishes to make compensatory claims in excess of $ 50,000 against a person, the matter is heard by a Judge in the High Court.
The High Court is also tasked with handling custody and child adoption, divorce, injunctions, applications for proofs, and letters of administration as well as transferring transportation to land and mortgages. To claim compensation for libel, delinquency or injuries received in a car accident, a summons summons must be filed in the High Court Registry. It is then served by a Court Marshal on the person against whom the claim is made.
According to the ‘Law and You,’ you are advised to have an attorney-at-law to represent you in the High Court where the rules of evidence and procedure must be strictly followed.
COURT OF APPEAL
If you or your attorney are dissatisfied with the decision of a Magistrate or Judge, a notice of appeal may be filed and the appeal of the matter may be heard in the High Court in the Chambers of the Full Court.
Guyana Court of Appeal.
However, the final local destination is the Guyana Court of Appeal. The Court of Appeal has the power to hear criminal and civil appeals from the High Court, some from the Full Court and even the Magistrates’ Courts.
The Court of Appeal is located in Kingston, Georgetown.
Once an appeal has been filed, there is a waiting time before the matter arises in court for the appeal to be heard. The Judges of the Court of Appeal can either overturn the decision of the Magistrate or High Court Judge or rule that the conviction and sentence are properly established.
When attending all three courts, people must remember to dress decently and consider the style and color of clothing when attending court. The court is a serious place and your style of dress should always show your respect.