CONSTITUTION OF JAMAICA 17

THE CONSTITUTION OF JAMAICA

REGULATIONS

(inane under section 72 of the Jamaica (Constitution) Order in Council,
1959, preserved by section 2 of the Jamaica (Constitution) Order

in Council, 1962)

THE JUDICIAL SERVICE REGULATIONS, 1961

(Made by the Governor, after consultation with the Judicial Service
Commission, on the 1st day of June, 1961)

L.N. 94/61

[ ls t June, 1961.1

PART I-Preliminary
1. These Regulations may be cited as the Judicial Service Regula- Short ti&.

tions, 1961.

2. In these Regulations unless the context otherwise req~res- intern-
tation.

“authorized officer” means a member of the Commission or an
authority or a public officer to whom the frmctkns of the
Governor-General have been delegated pmisuant to section 71
of the Order;

“chairman” mans chairman of the Commission and includes any
member presiding at a meeting of the Commission;

“Commission” means the Judicial Service Commission established
by section 68 of the Order;

“functions” includes powers and duties;
“judicial office” means the office af Resident Magistrate, Judge

of the Tra& Court, Registrar of the Supreme Court or such
other office connected with the Courts of Jamaica as, subject
to the provisions of the Order, may be prescribed by any
enactment of the Parliament of Jamaica;

“judicial officer” means the holder of a judicial office;
“member” means member of the Commission;
“Order” means the Jamaica (Constitution) Order in Council, 1959;
“perform” in relation to functions includes exercise;

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18 THE JUDICIAL SERVICE REGULATIONS, 1961

“regulation” means one of these Regulations;
“relative office” means an office in respect of which the Commission

is required to make recommendations for appointment to the
Governor-General ;

“secretary” means the secretary to the Commission appointed
pursuant to regulation 4 and includes the person for the time
being performing the functions of that office.

PART 11-Judicial Service Commission
3. The chairman and members and every officer appointed under

regulation 4 shall on appointment take before a Justice of the Peace
an oath in the appropriate Form in the Schedule.

Oath of

Schedule.

office.

Appointment

andstaff.

4.-( 1) The Governor-General, after consultation with the Commis-
sion and with the Cabinet, may constitute the office of secretary to
the Commission and such other offices as he may consider expedient
for securing the due performance of the functions of the Commission.

(2) The Governor-General upon the recommendation of the
Commission may from time to time appoint persons to the offices
constituted pursuant to paragraph (1).

of secretary

Functionsof 5. Where the Order requires the Governor-General in the perform-
ance of any function to act on the recommendation of the Commission
the Governor-General-

(a) may where that function has been delegated pursuant to
section 71 of the Order; and

(b) shall in every other case,

Commission.
,

request the Commission to make its recommendation and it shall be
the duty of the Commission to make the recommendation so requested.

6.41) The Commission shall meet as often and at such times and
places as in the discretion of the chairman may be necessary or
expedient for the purpose of performing its functions.

(2) In the absence of the chairman from any meeting the members
present may elect one of their number to preside at that meeting.

(3) All decisions at a meeting of the Commission shall be by
a majority of the votes of the members present and voting:

Provided that where the voting is equal the chairman shall have
a casting vote as well as an original vote.

Procedure
and meet-
mgs.

Record of 7.41) It shall be the duty of the secretary duly to record minutes
meetings a?ddeci-
slons.

of all meetings of the Commission.

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THE 3UDICIAL SERVICE REGULATIONS, 1961 19

(2) Copies oE such minutes duly confirmed at a subsequent
meeting or by the individual members on circulation thereof shall
as soon as practicable thereafter be forwarded to the Governor-General.

(3) Any member of the Commission present when any decision
is made who dissents therefrom may require that his dissent and
his reasons for dissenting be recorded in the minutes.

8. Matters may also be decided by the Commission without a meeting Decisions
upon circulation of the relevant papers among the members; but if on ~ { ~ ~ $ ~
circulation of the papers relating to any matter a difference of opinion meeting.
arises among the members, or if any member so requires, it shall be
the duty of the secretary to reserve the matter for discussion at a
meeting.

9. The Commission in considering any matter or question may Consultation
with other consult with such public officer or other person as the Commission

may consider proper and desirable and may require any public officer
to attend and give evidence before it and to produce any official
documents relating to such matter or question.

10. Any public officer who without reasonable cause fails to appear Failureto
comply with before the Commission when required to do so, or who fails to comply c ommission's

with any request properly made by the Commission, shall be guilty request'
of a breach of discipline and the Commission may where appropriate
recommend that disciplinary proceedings be instituted against him.

11. Except with the consent of the Governor-General signified in Privileped
information. Writing under the hand of the Governor-General's Secretary, a person

shall not in any legal proceedings produce or be .permitted to give
secondary evidence of the contents or nature of any document,
communication or information addressed, made or given-

(a) to the Commission by or on behalf of the Governor-General,
the Chief Personnel Officer, a Permanent Secretary or the
Head of any Government Department for the purpose of
enabling the Commission to perform any of its functions; or

(b) by the Commission to the Governor-General, the Chief
Personnel Ofker, a Permanent Secretary or the Head of any
Government Department in relation to any matter concerning
or arising out of the functions of the Commission.

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2-a T H E JUDICIAL SERVICE REGULATIONS, 1961

Penalty for
supplying
false in-

Commission

12. Any person who in connection with any application by any
person for employment or promotion in a relative office, or with any
matter upon which it is the duty of the Commission to make any
recommendation to the Governor-General or upon which it is the
duty of the Commission or of an authorized officer to make any
decision, wilfully gives to the Commission or to any member thereof, or
to an authorized officer any information which he knows to be false
or does not believe to be true, or which he knows to be false by
reason of the omission of any material particular, shall be guilty
of an offence, and upon summary conviction thereof before a Resident
Magistrate shall be liable to a fine not exceeding one thousand dollars
or to imprisonment for a term not exceeding two years or to both
such fine and such imprisonment.

formation to

PART III-Making and Termination of Appointment

P r i d p k s 13. For the purpose of making recommendations in relation to
appointments to vacancies in any relative offices the Commission shall
consider the eligibility of all offtcers for promotion, may interview
candidates for such appointments and shall in respect of each candidate
consider, amongst others, the fdlowing matters-

of o d e n i o a .

(a) his qualifications;
(b) his general fitness;
(c) any previous employment of the candidate in the public

service or in private practice.

Premature
retirement.

14.-(1) Where it appears to the Chief Justice that, pursuant to
paragraph (b) of section 8 of the Pensions Act, a judicial officer who
has attained the age of fifty years ought to be called upon to retire
from the public service, the Chief Justice shall report the matter
together with his hasons therefor to the Commission, and the Commis-
sion shall recommend to the Governor-General whether or not that
officer ought to be called upon to retire.

(2) Any such officer shall be &orded an opportunity of sub-
mitting to the Commission any representations he may wish to make
re.gardjng his proposed retirement.

(3) A judicial ofEcer may at any time after he attains the age
of fifty years apply to the Goverwr-General for pennissim to retire
pursuant to pragrapb (i) of subsection (1) of section 6 of the Pensions
Act, and shall in his appli&tim state the grounds on which it is based.

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THE JUDICIAL SERVICE REGULATIONS, 1961 21

(4) The Commission shall recommend to the Governor-General
whether or not an application under paragraph (3) ought to be granted.

15.-( 1) Notwithstanding the provisions of regulation 29, where it E;;:;;;;.
is represented to the Commission or the Commission considers it interest.
desirable in the public interest that a judicial officer ought to be required
to retire from the public service on grounds which cannot suitably
be dealt with by the procedure prescribed by regulation 29, it shall
call for a full report from the Chief Justice and from the Head of any
Ministry or Department in which the officer has served during the
immediately preceding ten years.

(2) If, after considering such reports and giving the officer an
opportunity of submitting a reply to the grounds on which his retire-
ment is contemplated, and having regard to the conditions of the
public service, the usefulness of the officer thereto, and all the other
circumstances of the case, the Commission is satisfied that it is desirable
in the public interest so to do, it shall recommend to the Governor-
General that the officer be required to retire on such date as the
Commission may recommend.

16, Where the appointment of a judicial officer is terminated under Pearion.
regulation 14 or 15 his service shall terminate on such date as the
Commission may recommend and the question of his pension shall
be dealt with in accordance with the provisions of the Pensions Act.

PART IV-Discipline

17.41) The Commission shall deal with disciplinary proceedings ti^^
re s p e c m s against judicial officers. discipline.

(2) Subject to paragraph (3), where the Commission is of
opinion that disciplinary proceedings ought to be instituted against
a judicial officer, the Commission may recommend to the Governor-
General that such proceedings be instituted against him.

(3) Where an offence against any enactment appears to have
been committed by a judicial officer the Commission shall before
making a recommendation under paragraph (2) obtain the advice of
the Attorney-General as to whether criminal proceedings ought to be
instituted against the officer concerned; and if the Attorney-General
advises that criminal proceedings ought to be so instituted the Commis-
sion shall not recommend the initiation of disciplinary proceedings
before the determination of the criminal proceedings so instituted.

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22

Regulations
to govern &. siplinary .
procedure.

Grounds for
criminal
prosecution.

No dis-
ciplinary
proceedmgs
while
criminal
proceedings
pending.

Interdiction.

THE JUDICIAL SERVICE REGULATIONS, 1961

18.-(1) Any report of misconduct on the part of a judicial officer
shall be made to the secretary and shall be dealt with under this Part
as soon as possible thereafter.

(2) Any case not covered by these Regulations shall be reported
to the secretary and the Commission may issue instructions as to
how the case is to be dealt with; and the case shall be dealt with
accordingly.

19. Where upon a preliminary investigation or a disciplinary enquiry
an offence against any enactment appears to have been committed
by a judicial officer, the Chief Justice shall, unless action by the
Police has been or is about to be taken, consult the Attorney-General
as to whether criminal proceedings ought to be instituted.

20.-(1) Where criminal proceedings have been instituted in any
court against a judicial officer, proceedings for his dismissal upon
any grounds arising out of the criminal charge shall not be taken
until after the court has given judgment and the time allowed for
an appeal from the judgment has expired; and where a judicial officer
after conviction has appealed, proceedings for his dismissal shall not
be taken until after the withdrawal or determination of the appeal.

(2) Nothing in this regulation shall prevent the officer being
interdicted from duty pursuant to regulation 21.

21.41) Where there have been or are about to be instituted against
a judicial officer-

(a) disciplinary proceedings; or
(b) criminal proceedings,

and the Commission is of opinion that the public interest requires that
that officer should forthwith cease to perform the functions of his
office, the Commission may recommend his interdiction from such
performance.

(2) An officer so interdicted shall, subject to the provisions
of regulation 25, be permitted to receive such proportion of the salary
of his office, not being less than three-fourths, as the Commission
may recommend to the Governor-General.

(3) If disciplinary proceedings against any such officer result in
his exculpation, he shall be entitled to the full amount of the salary
which he would have received if he had not been interdicted but if the

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THE JUDICIAL SERVICE REGULATIONS, 1961 23

proceedings result in any punishment other than dismissal the officer
shall be allowed such salary as the Commission may recommend.

(4) A judicial officer who is under interdiction from duty may
not leave the Island without the permission of the Governor-General
acting on the recommendation of the Commission.

22. A judicial officer in respect of whom a disciplinary enquiry is to Copiesof
be held shall be entitled without charge to him to receive copies of or enquines.
to be allowed access to any documentary evidence relied on for the
purpose of the enquiry. He may also be given a copy of notes of the
evidence (including copies of documents tendered in evidence) on
applying therefor within thirty days of the report of the enquiry.

evidence of

isciplinary
action after 23. A judicial officer acquitted of a criminal charge shall not be D .

dismissed or otherwise punished in respect of any charge of which he F:,;$f
has been acquitted, but nothing in this regulation shall prevent his charge.
being dismissed or otherwise punished in respect of any other charge
arising out of his conduct in the matter, unless such other charge
is substantially the same as that in respect of which he has been
acquitted.

24. If a judicial officer is convicted of a criminal charge, the Com- $%?$:
mission may consider the relevant proceedings of the court and if it :;icy
is of opinion that the officer ought to be dismissed or subjected to
some lesser punishment in respect of the offence of which he has been
convicted the Commission may thereupon recommend the dismissal
or other punishment of the officer without the institution of any
disciplinary proceedings under these Regulations.

on pay- 25. A judicial officer convicted of a criminal charge involving N ment of
dishonesty, fraud or moral turpitude or convicted of a criminal charge
and sentenced to imprisonment shall not receive any of his emoluments ofcenain criminal
after the date of such conviction pending consideration of his case charges.
by the Commission.

26.41) The penalties which may be imposed on a judicial officer Disdp!inw penalues.
against whom a discipIinary charge has been established are-

(a) dismissal;
(6) reduction in rank;
(c) a b e ;
(4 a reprimand.

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24 THE JUDICIAL SERVICE REGULATIONS. 1961

Investiga-
tion of
reported
misconduct.

Proceedings
for miscon-
duct not
warranting
dismissal.

Proceedings
for dis-
missal.

(2) The amount of any fine imposed on a judicial officer shall
be deducted from his salary by such instalments as may be specified
at the time the fine is imposed.

(3) A judicial officer who is absent from the Island without
permission shall be liable to summary dismissal.

27.41) A judicial officer charged with any misconduct shall be
entitled to know the whole case made against him and to have an
adequate opportunity of making his defence thereto.

(2) Where it is represented to the Commission that a judicial
officer has been guilty of misconduct, the Commission may appoint
one or more than one person who holds or has held substantive
judicial office to be a tribunal for the purpose of investigating the
matter and furnishing a report thereon to the Commission.

28. Where-
(a) it is represented to the Commission that a judicial officer has

been guilty of misconduct; and
(b) the Commission is of opinion that the misconduct alleged

is not so serious as to warrant proceedings under regulation
29, with a view to dismissal; and

(c) the Commission is of opinion that the allegation has been
proved,

the Commission may recommend such punishment other than dismissal
as may seem just.

29.-(1) A judicial officer may be dismissed only in accordance with

(2) The following procedure shall apply to an investigation

(a) The Commission (after consultation with the Attorney-General
if necessary) shall cause the officer to be notified in writing
of the charges and to be called upon to state in writing
before a specified day (which day shall allow a reasonable
interval for the purpose) any grounds upon which he relies
to exculpate himself.

(b) The Commission shall inform the officer charged that on
a specified day the charges against him will be enquired into
by the Commission or by a tribunal appointed under regula-

the procedure prescribed by this regulation.

with a view to the dismissal of a judicial officer-

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THE JUDICIAL SERVICE REGULATIONS, 1961 25

tion 27 and that upon such enquiry he will be permitted
to appear and defend himself.

(c) Where-
(i) the investigation of matters other than those forming

the subject of charges is incomplete at the time of the
making of the charges; and

(ii) the Commission desires that the charges already made
should be expeditiously disposed of,

the notification of charges under sub-paragraph (a) may
include a notice that further matters then under investigation
may form the subject of additional charges.

(d) If witnesses are examined by the Commission or tribunal the
officer shall be given an opportunity of being present and
of putting questions to the witnesses on his own behalf, and
no documentary evidence shall be used against him unless
he has previously been supplied With a copy thereof or given
access thereto.

(e) The Commission or tribunal may in its discretion permit the
judicial officer charged or the person or authority preferring
the charges to be represented by a public officer, or by a
counseI or solicitor.

(j) If during the course of the enquiry further grounds which
may justify dismissal are disclosed, and the Commission or
tribunal thinks fit to proceed against the officer upon such
further grounds, the Commission or tribunal shall cause the
officer to be furnished with charges in writing and the same
steps shall be taken as those prescribed by this regulation in
respect of the original charges.

(g) If the Commission after holding the enquiry or, as the case
may be, upon consideration of the report of the tribunal, is
of opinion-

(i) that the officer ought to be dismissed the Commission
shall recommend to the Governor-General that an order
be made accordingly;

(ii) that the officer deserves some punishment other than
dismissal, it shall recommend to the Governor-General
what other penalty should be imposed;

(iii) that the officer does not deserve to be dismissed by
reason of the charges alleged, but that the proceedings

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26 THE JUDICIAL SERVICE REGULATIONS. 1961

disclose other grounds for removing him from the
service in the public interest, it may recommend to
the Governor-General that an order be made accord-
ingly, without recourse to the procedure prescribed by
regulation 15.

When

unnecessary.

30. Where an officer charged under regulation 29 admits in writing
the facts giving rise to the charges, it shall not be necessary to hold
an enquiry or investigation under that regulation unless in the opinion
of the Commission such enquiry or investigation is likely to find such
circumstances as may modify the view taken of and the punishment
to be imposed for the offence.

enquuy

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THE JUDICIAL SERVICE REGULATIONS, 1961

SCHEDULE (Regulation 3)

FORM 1

OATH O F OFFICE
I,

chairman

member
having been appointed (to act) as- of the Judicial Service Commission, do

swear
that I will freely and without fear or favour,

solemnly and sincerely declare and affirm
affection or ill-will give my counsel and advice to the Governor-General of
Jamaica in connection with all such matters as may be referred to the Judicial
Service Commission under the Jamaica (Constitution) Order in Council, 1959,
and that I will not directly or indirectly reveal any such matters to any
unauthorized person or otherwise than in the course of duty.

Sworn

Declared
before me this day of , 19

.......................................................
Justice of the Peace

FORM 2
OATH O F SECRETARY OR OTHER OFFICER

I,
having been appointed (to act) as *(secretary) to the Judicial Service Commission.

that I will faithfully perform my duties in that
solemnly and sincerely declare and affirm
office in accordance with the provisions of the Judicial Service Regulations, 1961,
and without partiality, fear, favour, affection or ill-will, and that I will not
directly or indirectly without permission of the Commission reveal to any person
otherwise than in the exercise of my functions under the said Regulations any
information which comes to my notice in the course of my duties in respect
of any matter referred to the Commission or to any authority or public officer
to whom the functions of the Governor-General have been delegated.

do swear

Sworn

Declared
before me this day of , 19 .

.........................................................
Justice of the Peace

*Title of officer to be inserted as may be appropriate.

27

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