GUN COURT 1
THE GUN COURT ACT
ARRANGEMENT OF SEClIONS
1. Short title.
2. Interpretation.
3. Establishment of Gun Court.
4. Divisions of the Court.
5. Jurisdiction of Divisions of the Court.
6. Rdtrcncu to and from the Court.
7. Sittins of the Court.
8. Special powen of Court re aeniencc.
8 ~ . Establishment of Gun Court (WeStern).
88. Sitting of Regional Gmrt.
8c. Jurisdiction of Divisions of Regional Gun Court (Western).
SD. Establishment of Regional Gun CaUrts.
8e. Jwisdictim of Regional Gun Courts.
SF. Jurisdiction of Divisions of Regional Gun Court.
9. General power of Divisions of the Court.
10. Judges of the Court.
11. Of6ccn of the Court.
12. Mode of trial in the Court.
13. Proceedings to be in camera.
14. Appeals.
15. Rulw of Court.
16. Regulations.
17. [Repealed by Acf 1 of 19831
18. Offenm.
19. Saving.
20. Exclusion of technical offences of possessim of firearms.
!3cImYuLs
[The inclusion of this page is authorized by L.N. 3/20011
GUN COURT 3
A&
THE GUN COURT ACT 8 01 1974,
1 of 1976,
1 of 1983,
6 of 1987
S. 17,
14 of 199t [Ist April, 1974.1 . ,
9 of 1999,
1 of ZOOS
5 7 (3).
1. This Act may be cited as the Gun Court Act. short title.
2. In this Act- Interprets-
tion
"Clerk", "Deputy Clerk" and "Assistant Clerk" mean res-
pectively a person appainted 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: 911999
- 7
Sch.
"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 tbe Firearms Act;
"Regional Gun Court (West6m)" means the Regional Gun 911999
Court (Western) established under section 8A; Sch
"Resident Magistrate" means a person appointed to be a
Resident Magistrate ot to act as such under the
Judicature (Resident Magistrates) Act;
"Supreme Court Judge" means a Judge of the Supreme
Court.
[The inclusion of this page i s authorized by L.N. 180A/20061
4 GUN COURT
Establishment 3 . 4 1 ) There is hereby established a court, to be called the
of Gun Court. 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 a 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
0
stamped with such seal.
Divisions of 4. The Court may sit in such number of Divisions as may be
the Court. 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
(c) a Supreme Court Judge exercising the jurisdiction of a
Circuit Court--hereinafter referred to as a Circuit
Court Division.
Jurisdictionof 5 . 4 1 ) A Resident Magistrate's Division of the Court shall
Divisions of
the CW. have jurisdiction-
111976
S. 3.
1411992
S.W) .
911999
Sch
111983
S. 200. (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;
(b) to hear and determine any offence under subsection (3) (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
[The lnclusloa of this page Is autborlad by L.N. llOAn006j
GUN COURT 5
Magistrate assigned to that Division of the Court to be
ancillary to trial in any Division of the Court.
(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, Schedule.
whether committed in Kingston or St. Andrew or any other
parish, other than the parishes referred to in section 8A (3) 911999
or a parish designated under section 8D. S C ~ .
(3) A Circuit Court Division of the Court shall have
the like jurisdiction as a Circuit Court established under the
Judicature (Supreme Court) Act, so, however, that the geo-
graphical extent of that jurisdiction shall be deemed to
extend to all parishes of Jamaica and any jury required by
the Court may be selected from the jury list in force for such
parish or parishes as the Chief Justice may direct.
(4) Subject to section 8, the provisions of this section
shall have effect notwithstanding anything to the contrary S . 2(c).
contained in the Child Care and Protection Act or any other
enactment.
6.-41) A Resident Magistrate in the parish of Kingston or St. Refermces
Andrew or St. Catherine before whom any case involving a tea:",:?
firearm offence is brought shall forthwith transfer such case for 111983
trial by the Gun Court and the record shall be endorsed S . 3 .
accordingly, but no objection to any proceedings shall be taken
or allowed on the ground that any case has not been so
transferred.
(2) A Resident Magistrate in any parish other than those
referred to in subsection (1) or those specified in section 8A (3),
before whom any case involving a firearm offence is brought- 9m99
Sch.
(a) if the offence is not murder or treason, may make such 14 1992
enquiry as he deems necessary in order to ascertain S. 6 (b).
whether the offence charged is within his jurisdic-
tion and can be adequately punished by him
[The inclusion of this page is authorized by L.N. 180A120061
GUN COURT
under his powers, and thereupon either-
(i) direct that the accused person shall be tried in
the Resident Magistrate's Court; or
(ii) without holding a preliminary examination,
make an order that the accused person shall be
committed to stand trial before a High Court
Division of the Gun Court sitting in his parish
or, after consultation with the Registrar, an
adjoining parish; or
(iii) direct that the case be forthwith transferred for
trial by the Gun Court;
112005 (b) if the offence is a murder, may order that a preliminary
s. 7(3)@). examination be held in the Resident Magistrate's Court
with a view to committal for trial to a Circuit Court
Division of the Gun Court sitting in his parish.
(3) For the purposes of this Act a Supreme Court Judge
on Circuit in any parish-
(a) sitting without a jury, is hereby constituted a High
Court Division of the Gun Court; and
(b) sitting with a jury, is hereby constituted a Circuit
Court Division of the Gun Court,
and, without prejudice to the powers conferred by section 7, the
jury summoned for the Circuit Court shall constitute the jury for
the Gun Court and the Chief Justice may, by order, regulate any
other arrangements for the reference to, and trial of, cases in any
such division and any such order may contain such con-
sequential, supplementary or ancillary provisions as appear to
the Chief Justice to be necessary or expedient.
(4) Where a Circuit Court Division of the Gun Court is
constituted pursuant to this section, the officers of the Circuit
Court shall, for that purpose, be regarded and treated as having
been assigned as such officers, respectively, to the Gun Court.
[The iwllalon of thls page Is a u t h o M by L.N. 180An0061
GUN COURT
(5) The Gun Court may, if it is satisfied that the re-
quirements of justice render it expedient so to do, transfer
any case brought before it to such other court, having juris-
diction in the matter, as may be appropriate; and the record
shall be endorsed accordingly.
(6) Nothing in this section shall be construed as
obliging a Resident Magistrate to remand any person in
custody.
7.-(1) The Court may hold its sittings in Kingston or St. gz;;:
Andrew, and at such other places (if any) as the Chief Justice
may, by order, from time to time, appoint.
(2) Any order under subsection (1) may contain such
consequential, supplementary or ancillary provisions as
appear to the Chief Justice to be necessary or expedient.
(3) Subject to the provisions of this Act and rules of
court (if any), the Court and the Resident Magistrates and
Supreme Court Judges assigned thereto may sit and act at
any time f& determining proceedings under this Act.
(4) Divisions of the Court may, pursuant to the fore-
going provisions of this section, sit at the same time, or at
different times, or in different places.
&-(I) Notwithstanding anything to the contrary in the Child Spec'd'
powers of
Care and Protection Act or any other enactment but subject to thecourtre
subsections (2) and (3), any person who is guilty of an offence ;;::?
under section 20 of the Firearms Act, or an offence specified in s.4.
the Schedule shall, upon conviction thereof by the Court, be
liable to imprisonment, with or without hard labour, for life.
(2) Where a child is charged before the Court with
any offence referred to in subsection (I), then unless he is
charged jointly with a person who has attained the age of
fourteen years, the Court shall remit the case to a Children's
IThe inclusion of this page is authorized by L.N. '11 1120051
GUN COURT . w
Jd. 4.
Court to be dealt with in accordance with the provisions of the
Child Care and Protection Act.
(3) Where a child is charged jointly with a person who
has attained the age of fourteen years with an offence referred to
in subsection (I), the Court shall, in dealing with the child, have
only such powers as are exercisable by a Children's Court under C)
the Child Care and Protection Act.
(4) If a young person is, pursuant to subsection (I),
sentenced to imprisonment, the Court may order that he be
detained in such place, other than an adult correctional centre,
and on such conditions, as the Minister may direct and, while so
detained, he shall be regarded as being in legal custody.
(5) The trial of aqy person, and its determination, in
pursuance of the foregoing provisions of this section shall be
without prejudice to his being charged, proceeded against,
convicted or punished for any offence whatsoever for which he
could not have been convicted gn such trial.
Schedule (6) The Minister may, by order, amend the Schedule and
any such order shall be subject to afirmative resolution.
. ,
(7) In this section the expression "child" has the t
meaning assigned to it in the Child Care and Protection Act.
Establishment 8A.-(1) A Regional Gun Court (Westero) shall be estab-
of Gun Court
(Western). lished in Montego Bay in the parish of St. James and shall have
911999 such jurisdiction as may be conferred on it by virtue of this Act
Sch. or any other law.
(2) The provisions of subsections (2) and (3) of section 3
and section 4 shall apply with necessary modifications to the
Regional Gun Court (Western).
0
(3) The geographical jurisdiction of the Regional Gun
Court (Western) shall extend to the parishes of St. James,
Hanover, Trelawny and Westmoreland.
----
[The inclusion of this page is authorized by L.N. 1 1 1/2005]
GUN COURT 8.01
8B.-(1) The Regional Gun Court (Western) may hold its Sittings of
Regional settings in Montego Bay in the parish of St. James or at such cow,
other places within that parish or within the other parishes 911999
referred to in section 8A (3) as the Chief Justice may from time Sch.
to time by order appoint.
(2) The provisions of subsections (2), (3) and (4) of
section 7 shall apply, with necessary modifications, in relation to
the Regional Gun Court (Western).
8C .41 ) A Resident Magistrate's Division of the Regional Jurisdiction
Gun Court (Western) shall have jurisdiction- of Divisions of Regional
Gun Court
(a) to conduct any preliminary examination relating to
a firearm offence which is murder or treason, com- 911999
Sch. mitted in any of the parishes referred to in section
8'4 (3);
(b) to hear and determine any offence under section
13 (3);
(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 to be ancillary to trial
in any Division of the Regional Gun Court
(Western).
(2) A High Court Division of the Regional Gun
Court (Western) shall have jurisdiction to hear and
determine-
(a) any firearm offence, other than .murder or treason;
(b) any other offence specified in the Schedule, Schedule
committed in any of the parishes specified in section 8A (3).
(3) A Circuit Court Division of the Regional Gun
Court (Western) shall have the like jurisdiction as a Circuit
Court established under the Judicature (Supreme Court) Act,
[The inclusion of this page is authorized by L.N. 11 1/2005]
GUN COURT
so, however, that the geographical extent of that jurisdiction
shall extend to the parishes specified in section 8A (3) and any
jury required by the Regional Gun Court (Western) may be
selected from the jury list in force for any of those parishes as
the Chief Justice may direct.
(4) Subject to section 8, the provisions of this section
0
shall have effect notwithstanding anything to the contrary
contained in the Child Care and Protection Act or any other
enactment.
(5) The provisions of sections 9 to 20 shall apply with
necessary modifications to the Regional Gun Court (Western).
Establishment 8D.-(1) Courts of Record, to be called Regional Gun Courts
of Regional
Gun courts. shall be established in such regions outside the parishes of
911999 Kingston, St. Andrew, St. James, Hanover, Trelawny and
Sch. Westmoreland, as the Minister may, from time to time, by order
designate, and such Courts shall have such jurisdiction and
powers as may be conferred upon them by virtue of this Act or
any other law.
(2) Any order made under subsection (1) may con-
tain such consequential or ancillary provisions as the Minister
thinks necessary or desirable and, without prejudice to
the generality of the foregoing, may indicate the manner
in which the name of a Regional Gun Court shall be
adapted to distinguish it fiom other Regional Gun Courts
established under this Act.
0
(3) The provisions of subsections (2) and (3) of
section 3 and section 4 shall apply with necessary modifica-
tions to a Regional Gun Court established under this section.
[The inclusion of this page is authorized by L.N. 1 1 1120051
GUN COURT 8.03
8E.-(1) Without prejudice to anything ordered or other- Jurisdiction
wise provided under this Act, the geographical jurisdiction $:$:::,
of a Regional Gun Court shall extend to such parish or 911999
parishes as may be comprised in a region designated by the '".
Minister in relation to that court under the provisions of
section 8D.
(2) A Regional Gun Court may hold its sittings at such
places, within the region designated in relation to that Court
under the provisions of section 8D, as the Chief Justice may,
from time to time, by order appoint.
(3) The provisions of subsections (3) and (4) of section 7
and sections 9 to 20 shall apply with necessary modifications to
a Regional Gun Court.
8F.-(1) A Resident Magistrate's Division of a Regional Gun Jurisdiction
Court shall have jurisdiction- of Divisions of Regional
Gun Court.
911 999
(a) to conduct any preliminary examination relating to a S C ~ .
firearm offence which is murder or treason, committed
in any of the parishes within the region designated in
relation to that Court under the provisions of section
8D;
(b) to hear and determine any offence under section
13 (3);
(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 to be ancillary to trial in any Division of
the Regional Gun Court.
[The inclusion of this page is authorized by L.N. 11 1120051
GUN COURT
Schedule.
(2) A High Court Division of a Regional Gun Court
shall have jurisdiction to hear and determine-
(a) any firearm offence, other than murder or treason;
(b) any other offence specified in the Schedule, com-
mitted in any of the parishes within the region
designated in relation to the Court under the pro-
0
visions of section 8D.
(3) A Circuit Court Division of a Regional Gun
Court shall have the like jurisdiction as a Circuit Court
established under the Judicature (Supreme Court) Act, so,
however, that the geographical extent of that jurisdiction
shall extend to the parishes designated in relation to that
Court under the provisions of section 8D and any jury
required by a Regional Gun Court may be selected from
the jury list in force for any of those parishes as the Chief
Justice may direct.
(4) Subject to section 8, the provisions of this section
shall have effect notwithstanding anything to the contrary
contained in the Child Care and Protection Act or any other
enactment.
General power 9. Without prejudice to the generality of section 5-
of Divisions of
the Court. (a) there shall be vested in a Resident Magistrate's
111976
s. 5. Division of the Court all the like powers and
authorities as are vested in a Resident Magistrate's
Court and in a Resident Magistrate; 0
(b) there shall be vested in a High Court Division
of the Court all the like powers and authorities
as are vested in the Supreme Court and a Judge
thereof and, for the purposes of this Act, a
Supreme Court Judge exercising jurisdiction in
[The inclusion of this page is authorized by L.N. 111/2005]
GUN COURT 9
that Division in relation to any offence shall have
all the powers of a Judge and a jury in a Circuit
Court;
(c) where any offence of which the Court has
OOgniZanCe is murder or treason a Circuit Court 14/1m
S. 6 CJA Division of the Court shall have the like powers
and authority for the purposes of dealing with that
offence as are vested in a Circuit Court for the
purposes of dealing with such an offence.
10.-(1) There shall be assigned to the Court such Judges of
Supreme Court Judges and Resident Magistrates and in !y,GyL
such numbers as may be considered necessary for the s. 6 PI,
exercise of the Court's jurisdiction under this Act, and any
person so assigned shall be a Judge of the Court and shall,
for the purposes of the execution of his functions under this
Act, enjoy the like powers, privileges and immunities as
appertain to the office of Supreme Court Judge or Resident
Magistrate, as the case may be.
(2) Without prejudice to the generality of subsection
(1) but subject to section 12, any Resident Magistrate
assigned to the Court may, in relation to any offence of which
the Court has cognizance, exercise the like functions and
authorities as may be exercised by a Resident Magistrate of
any parish in relation to offences whereof the Resident
Magistrate's Court of that parish has cognizance.
11.-(1) There shall be assigned to the Court such Officers
number of Clerks and such number of Deputy Clerks and court
Assistant Clerks as may be considered necessary for the A'\976
proper carrying out of the provisions of this Act.
(2) Each Clerk, Deputy Clerk and Assistant Clerk so
assigned shall, for the purpose of discharging the functions
of the Court within his purview, have for any and all
parishes all the functions, duties, powers, immunities and
of the
m e inclusion of this page is authorized by LN. 42/ 1 9 3 1
10 GUN COURT
privileges of tiny Clerk, Deputy Clerk or Assistant Clerk
appointed under the Judicature (Resident Magistrates) Act
for any parish and of the Registrar of the Supreme Court,
as the case may require.
Mode of
thccour?
lZ.-(l) Save as may be otherwise prescribed by this Act
or by any regulations hereunder, the practice and procedure
in the Resident Magistrate’s Court shall, muratis murandis,
obtain in a Resident Magistrate’s Division of the Court.
(2) Notwithstanding anything to the contrary, the
trial of any person before a High Court Division of the
Court shall be commenced by the preferring of an indict-
ment against such person-
(a) by any officer performing the functions of Clerk
of that Division; or
(b) by like direction, or with like consent, as authorized
by virtue of subsection (2) of section 2 of the
Criminal Justice (Administration) Act,
tnd Ill
1/19i6
111976
S Nb)
and there shall be no preliminary examination.
(3) For the purposes of a trial in a High Court
Division of the Court steps shall be taken, in such manner
and subject to such terms and conditions (if any) as may
be prescribed, to make available to the accused or his
attorney-at-law copies of statements of such witnesses as
are intended to be called to give evidence for the
prosecution.
(3A) Save as otherwise provided by rules of court
or regulations under this Act, a High Court Division of
the Court shall observe as nearly as may be the like
process, practice and procedure as a Circuit Court, so,
however, that, unless otherwise provided as aforesaid-
(4 the Judge shall take notes of the evidence and
other proceedings taken before that Division;
1/1976
S.
[The lnclus~on of ih18 page IS authohonzsd lry L.N. 42,199sl
GUN COURT
(b) such notes shall be sufficient record for all pur-
poses of the proceedings taken before that
, Division;
(c) such notes or a copy thereof certified by the Clerk
of the Court as being a true copy, and the docu- c ments received in evidence before the Judge, or c~p i e s thereof certified by the Clerk of the Court as
being true copies, shall be read and received as the
evidence in the case by the Court of Appeal, which
may, nevertheless, if it thinks fit in any case, require
the production of the original documents, or any of
them, or of the original notes of evidence.
(4) The trial of an offence of murder or treason in a 1411992
Circuit Court Division of the Court shall, save as may be S. 6(c).
otherwise prescribed by this Act or by any regulations here-
under, be held and determined before a Supreme Court
Judge and a jury in like manner as in a Circuit Court.
(5) Subject to subsection (I) of section 8, upon 111983
determining a case, the Court shall have all such power to S.5.
convict and punish the offender as is provided by any law in
relation to such a case or any such offender.
13.--(1) In the interest of public safety or public order, Proceedings
no person shall be present at any sitting of the Court :$:,
except- 111976
S. 9.
(a) members and officers of the Court and any con-
stable or other security personnel required by the
Court;
(b) parties to the case before the Court, their attorneys,
and witnesses giving or having given their evidence,
and other persons directly concerned with the case;
(c) if the accused is a child, his parents or guardians;
(6) such other persons as the Court may specially
authorize to be present.
[The inclusion of this page is authorized by L.N. 11 1120051
GUN COURT
(2) In the interest of public safety, public order or
public morality, the Court may direct that-
(a) in relation to any witness called or appearing before
the Court, the name, the address of the witness, or
such other particulars concerning the witness as in
the opinion of the Court should be kept confi-
dential, shall not be published;
(b) no particulars of the trial other than the name of
the accused, the offence charged and the verdict
and sentence shall be published without the prior
approval of the Court.
(3) Any person who publishes any information in
contravention of a direction under subsection (2) shall be
guilty of an offence and liable on summary conviction there.
of in the Court to a fine not exceeding two thousand dollars
or to imprisonment for a term not exceeding twelve months.
Appeals. 14.-(1) A sentence pursuant to subsection (2) of section 8
111 976
s. lo(a). shall not be subject to appeal.
(2) Subject to subsection ( 1 ) a decision of the Court
shall be subject to appeal in like manner and to the like
extent-
111976 (a ) in the case of any decision of a High Court or a
S. lO(b). Circuit Court Division of the Court, as such a
decision by a Circuit Court;
(b) in any other case, as such a decision by a Resident
Magistrate's Court.
(3) Except from a decision given by a Circuit Court
Division of the Court, the decision of the Court of Appeal
on any appeal under subsection (2) shall be final and
conclusive.
(4) Save with the leave of the Court of Appeal, no
appeal shall lie to Her Majesty in Council in the case of any
decision given by a Circuit Court Division of the Court.
[The inclusion of this page is authorized by L.N. 1 1 1/2005]
GUN COURT 13
(5 ) In this section, “decision” means-
(a) in respect of a decision of a Circuit Court Division
of the Court, conviction and sentence;
(b) in any other respect, judgment.
l5 - (1) Subject to subsections (2) and (3), the Rules Corn- R,,,uof
mittee established under section 135 of the Judicature (Resi- PI&
dent Magistrates) Act may make, revoke and alter rules of r! 17.
the Court-
(a) for the effectual execution of this Act and of the
objects thereof;
(b) for the regulation of the practice and proceedings
of the Court;
(c) for the registration of all orders and judgements and
the keeping of books by the Clerk of the Court re-
cording or relating to the proceedings of the Courc
(4 for the settling of the duties of the officers of the
court;
(e) for prescribing forms for the Court,
so, however, that rules, forms and practice in force in the
Court at the 1st day of October, 1987, shall remain iu
force until such rules, forms and practice are amended or
revoked.
(2) Rules made under this section shall not have
effect unless approved by the Minister, with or without
modifications, and published in the Gazette.
(3) The provisions of the Judicature (Rules of Court)
Act shall, except in so far as is incompatible with this Act,
apply in relation to High Court and Circuit Courts Di-
visions of the Court and the process, practice and procedure
thereof as they apply in relation to the Supreme Court, and
the process, practice and procedure thereof, in the exercise
of the criminal jurisdiction of that Court.
F h c inclusion of this page is authorized by LN. 37/1988]
14 GUN COURT
Rcgulatiom.
s 12.
16.-(1) The Minister may make regulations in relation
(a) the detention of persons on conviction or otherwise
in custody in pursuance or for the purposes of
this Act;
(b) anything to be prescribed under this AcS
( E ) making with effect from a prescribed date, not
earlier than the 1st April, 1974, such adaptations
and modifications in any other law made or having
effect prior to the 1st April, 1974, aforesaid as
appear to him necessary or expedient on account
of anything provided by or under this Act;
(d) the recording by shorthand writers or otherwise
of proceedings in any Division of the Court;
(e) any other matters (whether similar to the foregohg
or not) which appear to him necessary or expedient
to give full effect to the provisions of this Act.
(2) Any regulations adapted or modifying any Act
or Law under paragraph (c) of subsection (1) shall be sub-
ject to affirmative resolution.
(3) In subsection (11, “law” includes any instrument
having the force of law and unwritten rules of law.
to all or any of the following matters-
17. [Repealed by Act 1 of 1983.1
18. Every person who (whether in the Court or else-
where) in relation to any offen-
(a) injures or damages or threatens or attempts to
injure or damage the person or property of another
with either of the following two intents-
(i) to obstruct, defeat or pervert the course of
justice in the Court; or
(ii) to punish any person for, or prevent or
dissuade him from, doing his duty in the
interests of justice in the Court; or
meocca
[The inclusion of tb is page is authorized by LN. 37/1988]
GUN COURT 15
(6) bribes or attempts to bribe, or makes any promise
to, any other person with either of the following
two intents-
(i) to obstruct, defeat or pervert the course of
justice in the Court; or
(ii) to dissuade any person from doing his duty
in connection with the course of justice in
the Court,
shall be guilty of an offence, which may be dealt with and
punished in like manner as the first-mentioned offence, and
the person so offending may be proceeded against, tried and
convicted accordingly, either together with the person
accused of that offence or otherwise :
Provided that where the first-mentioned offence is a
Mpital offence, a person convicted under this section shall
be liable to be sentenced to imprisonment at hard labour i / i m
S. 14.
s. 7. for l ie. 111983
19.411 Nothing in the foregoing provisions of this Act Saving.
1 /1983 shall be construed to divest any court of any jurisdiction, s.8.
except such provisions of section 8 as relate to the jurisdic-
tion of the Court affecting a young person.
by virtue only of this Act for any offence committed prior
to the 4th of February, 1976, but nothing herein shall
preclude the trial of such an offence by the Court.
(2) No person shall be liable to life imprisonment 111976
s. IS.
20. For the purposes of this Act, possession of a firearm ~ ~ ~ i ~ s i ~ ~
or ammunition by any person shall be deemed not to be otfencesof
in contravention of section 20 of the Firearms Act if a :y;;?g3,
licence authorizing his possession of that firearm or 1/1976
ammunition was issued under that Act and the contraven-
tion of section 20 aforesaid resulted from-
of technical
S. 16.
[The inclusion of this page is authorized by L.N. 55/19841
16 GUN COURT
(a) failure to pay the appropriate duty in respect of
the licence; or
(b ) expiry of the licence by effluxion of time; or
(c) breach of any of the terms or conditions included
in the licence.
[The inclusion of this page is authorized by L.N. 55/1984]
GUN COURT 17
SCHEDULE (Section 8)
Othm o#ences specially ussigrred to the Court 111983
s 9.
1;197f,
S. 17.
1. Any offence contrary to section 9 or 10 of the Firearms Act.
L N .
1431 1976.
2. Any offence contrary to the Gunpowder and Explosives Act, in L.N.
default of a licence, in contravention of section 14 or 11 or subsection 143/1976.
(1) of section 22 of that Act.
3. Any offence-
(U) contrary to section 10 or 11 of the Malicious Injuries to
Property Act; or
(b) contrary to section 12 of the last-mentioned Act, by means
of gunpowder or other explosive substance or an incendiary
missile of a kind (if any) to which the definition of “firearm”
in section 2 of this Act does not extend: or
(c) (without prejudice to the generality of any provision made
by virtue of anything hereinbefore contained) punishable in
accordance with section 45 of that Act with reference to any
offence described in paragraph (a) or (b) of this item.
4. Any offence-
(a) contrary to section 29 of the Offences against the Person
Act; or
(b) contrary to section 30 of the last-mentioned Act, by means
of gunpowder or other explosive substance or an incendiary
missile of a kind (if any) to which the definition of “fuearm”
in section 2 of this Act does not extend; or
(c) (without prejudice to the generality of any provision made
by virtue of anything hereinbefore contained) punishable in
accordance with section 81 of that Act with reference to any
offence described in paragraph (a) or (b ) of this item.
me inclusion of this pi& is authorized by L.N. SS/1984]
