Justices of the Peace Jurisdiction Act

Link to law: http://www.moj.gov.jm/laws/justices-peace-jurisdiction-act
Published: 1850-01-01

JUSTICES OF THE PEACE JURISDICTION 1

THE JUSTICES OF THE PEACE
JURISDICTION ACT

ARRANGEMENT OF SECTIONS
1. Short title.

PART I.
2. Power to issue summons.
3. If summons not obey& Justice may issue warrant.
4. Provisions as to warrant.
5. Description of property in information, etc.

Summary Cortvicfions and Orders

SA. Special summary jurisdiction of Justkm in respeot of certain enact-
men&

6. Aoocssorits.
I . Provision where order for payment of money.
8. Informations for offences punishable on summary conviction.
9. Manner of mab2ng complaint or laying information.

When warrant issued in fist 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. Wendant not appearing course of proceeding to be observed.

Defendant appearing. and wanplainant or informant not, what

Defendant failing to reappear.
If both parties appear, Justice to hear and determine case.

13. Proccedigs at the hearing of complaints or informations.
14. Competency of witnesses.
15. Power to adjourn, and course of proaeeding upon adjournment.
16. Form of convictions and orders.

17. Costs
18. Power to issue warrant of distress.

is to be done.

When minute of order to be served on defendant.

When defendant may be committed in first instance.

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2 JUSTICES OF THE PEACE JURISDICTION

19. Justice after issuing warrant of distress may suffer defendant to

20. In default of distress Justice may commit defendant to prison.
21. Casa 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, noi the order for payment of money. and the Punish-
ment. etc.

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

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

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 distms.

go at large, etc.

etc.

28. Forms in Schedule relating to proceedings under Part I.

PART XI. Preliminary Examinations
Indictable O#ences

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.

34. Examination.

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

36. Depositions to be read to accused.
37. How Justices are to proceed when any person shall b brought

38. Power to Justice to bind over prosecutor and witnesses.

Defects in substance or form of warrant.

court.

before them charged with an indictable offence.

Witness refusing to enter into recognizance may be cammittd.
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JL'STICES OF T H E PEACE lURISDICTlON 3

39. Power to remand, etc.
Power to Justices in certain cases to defer examination for four-

teen days

Retnnnd not exceeding three days.
Power to remand accused person limited to certain cases.

40. Eminimtioii of accused in parish other than that where offence
chnrgcd to have been committed.

41. Bail.
42. Warrant of deliverance.
43. Wliat to be done after hearing of case for prosecution.
44. Constable t o take accused to prison.
45. Defendnnt entitled to copy of depositions.
46. Forms in Sclicdule, numbered (15) to (26).

PART 111. Gr.rierul Provisions
47. Power IO summon witnesses.
48. Power of Justices 10 order production of documents.
49. Provision 10 execute warrant in any parish.
50. Powm LO bail witnesses arrested under warrants.
51. Suhpocna. summons or warrant issued in one parish may be

57. Biil inay be Vaken in any parish in which party apprehended.
53. Jmtice fur two parishes may act [or one whilst rcsiding in the

5J. PUI I IO i,xtciid to lilter eiiilc'Lnien1s giving summary jurisdiction to

5 5 . F%rni> rrlnling to pruceediiigs uiider Part I.
56. Person inkre,tcd in execution of distress warran1 may defend

57. Enbirceinent For hie.
58. Pecuniary amends to cnmplainant.
59. lmpriwnmcnt to run From date of capture.
60. Sli lnip duly on mmnions.
61. Power t o 3dj(iurii.
62. Bringing up person imprisoncd to answer further charge.

served or enecuced in another..

ullier.

J u ~ l i c e i .

iiclion hrrvghl agdinst constgble for executing it.

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4 JUSTICES OF THE PEACE JURISDICTION

63. Certain process shorkned.
61. Form of documents in criminal proceedings before Justices.
65. Fees payable. Scale of Fees.
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 couri may do an making order for payment.
69. Court may x d e r person adjudged to be searched.

Person executing warrant may seize money found on pcrson
adjudged.

70. When court may revoke term of imprisonment.
71. Minister may make rules.
72. Enforcement of recognizance on non-appearance.

hnr IV. Stipendiary Justices
73. Governor-General may ap?oint Sdpendiary Justice, each with

p w e r of two Justiccs.

PART V. SmuN Penalties Rcovety

74. tnrerpretation of penalty
75. Limit of imprisonment in relation to penalties.
76 Appl;cilble 10 all enactmcnts imposing such penalties.
il. Not to Revenue penalties.

PART VI. Prurcc th from Vexatious Proceedings

78. Form of action against Justice.
79. Actions for acts done without jurisdiction, etc.
80. Warrant gnlnred by one Juitice upon conviction by another.
81. Justice nu1 liable to action for what ordered 10 do.
82. No action against Justice for defect in conviction affirmed orl

appeal.
83. Acliom brought against provisions of Act may be set aside.
84. Ddniager.

SCIIEDULE

[ l l i c inclusioii of lhir page is author!zed by L.N. 480114731

JUSTICES OF THE PEACE JURISDICTION

THE JUSTICES OF THE PEACE
JURISDICTION ACT Cap. 188.

Acts
42 of 1969

(Parts I, I1 and 111 1850 3rd SC~.,
3 of 1994,

Part IV 31st October, 1866 310~ 1995,
Part V 1 st August, 1868 19s3fiIgw
Part VI 1849) 21 or 200s

S. 7,
12 of 2006.

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

PART I. Summary Convictions and Orders

2 . 1 ) In all cases where any information shall be laid Powerto
issue before one or more of Her Majesty's Justices of the Peace

for any parish within this bland, that any person has 311994
S. 2(a). committed, or is suspected to have committed, any offence

or act within the jurisdiction of such ~ustice 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 iE:dule
matter of such information or complaint, and requiring him to Form(1).
appear at a certain time and place before the same Justice or d!:995
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

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JUSTICES OF THE PEACE JURISDICTION

lf summons
not obeyed
Justice may
issue
warrant.

be delivered upch 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:

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 53 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)(c) of section 13 of the Transport Authority A C ~
may be construed as an information and summons.

3. 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 s u ~ h Justice or Justices to be a reason-

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JUSTICES OF THE PEACE JURISDICTION

able 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 OF d r m -
ation 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 rirsl
(according to Form (2) in the First Schedule) to apprehend Schedule
the party so summoned, and to bring him before the 31:IY95
same Justice or Justices, or before some other Justice or s .3 .
Justices in and for the same parish, to answer to the said
information or cornplaint, and to be further dealt with
according to law; or upon such information being laid as
aforesaid for any o!Tence 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 First
the First Schedule) for apprehending the person against Eh$$,
whom such information shall have been so laid, and bringing 31/(995
him before the same Juslice 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 accord-
ing 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 parre to the hearing
of such information or complaint, and to adjudicate thereon
as fully and effectually to all intents and purposes as if suck

Farm (2).

5.3.

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8 JUSTICES OF THE PEACE IURISDICTION

party had personally appeared before him or them in
obedience to the said summons.

proviaiona

warrant.

4. Every such warrant to apprehend a defendant that he
may answer to any such information or complaint as afore-
said 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 nasing 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; m d it shall state shortly the matter of the inform-
ation 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 nore 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 :

Provided always, that no objection shall be taken or
dowed to any such warrant to apprehend a defendant so
issued upon any such information or complaint as aforesaid
under or by virtue of this Part for any alleged defect therein
in substance or in form, or for any variance between it and
the evidence adduced on the part of the informant or com-
plainant 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 apprehended
under such warrant 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

as w

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JUSTICES OF THE PEACE JURlSLlICT1O;V 9

of the case to some future day, and, in the meantimc, to
commit (according to Form (4) in the First Schcdule) the said F,,SI
defendant to prison or to such other custody as thc said SSy:,":;,
Justice or Justices shall think fit, or grant him bail i n J I ! I ~ Y ~
accordance with the Bail Act. s. 3 .

19;21!01J
S . 23.

5. In any information or complaint, or the proceedings y;;;;:;;
thereon, in which it shall be necessary to state thc jninruma.
ownership of any property belonging to or in the 'ion,eL.
possession of partners, joint tenants, parceners, or tenants in
common, it shall be sufficient to name one of such
persons, and to state the property to belong to the person
so named, and another, or others, as the case may be; and
whenever in any information or cornplaint, or the proceedings
thereon, it shall be necessary to mention for any purpose
whatsoever any partners, joint tenants, parceners, or tenants
in common, it shall be sufficient to describe them in manner
aforesaid; and whenever in any such information or complaint,
or the proceedings thereon, it shall be necessary to describe the
ownership of any work or building made, maintained or
repaired at the expense of any parish, or of any materials
for the making, altering or repairing of the same, or of any
goods provided at the expense of any parish, the same
may be described as the property or goods of the Parish
Council of such parish, other than Kingston and St. Andrew,
when the same shall be described as the property or goods
of the Kingston and St. Andrew Corporation, and all
materials and tools provided for the repair of highways at
the expense of any parish may be described in like
manner.

i/

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1(1 JL5TICE.Y OF THE PEACE JUR'RISDICTIO!V

Special
summary
juricdiction uf
Jublices ill
rcspccr "C
crrlain
rnactments
11!1995
s. 2
Second
Schcdule.

Provision
rherc order
for paymen1
of money.

Infoma-
lions for
otrences
punishable
an summary
canuiclion.

SA. Notwithstanding the provisions of any other enactment,
two Justices sitting together shall have and exercise summary
jurisdiction in respect of criminal offences under any of the Acts
specified in the Second Schedule so, however, that in respect of
any such offenc-

(a) the maximum penalty imposed by the Justices shall
not exceed two thousand dollars;

(6) the maximum term of imprisonment imposed by the
Justices shall not exceed three months; and

(c) the Justices shall not have power to impose an ordei
for forfeiture.

'7

6 . Every person who shall aid, abet, counsel, or procure the
commission of any offence which is or hereafler shall be
punishable on summary conviction, shall be liable to be
proceeded against and convicted for the same, either together
with the principal offender, or before or after his conviction, and
shall be liable, on conviction, to the same forfeiture and
punishment as such principal offender is or shall be by law
liable, and may be proceeded against and convicted either in the
parish where such principal offender may be convicted, or in
that in which such offence of aiding, abetting, counselling, or
procuring may have been committed.

7. In all cases of complaint upon which a Justice or
Justices may make an order for the payment of money, or
otherwise, it shall not be necessary that such complaint shall
be in writing, unless it shall be required to be so by some
particular enactment of this Island upon which such complaint
shall be framed.

,_- -.
i,

S. In all cases of inforinations for any offences or acts
punishable upon summary conviction, any variance between
such information and the evidence adduced in

JUSTICES OF THE PEACE IURISDICTION 11

support thereof as to the time at which such offence or
act shall be alleged to have been committed shall not be
deemed material, if it be proved that such information
was in fact laid within the time limited by law for laying
the same; and any variance between such information and
the evidence adduced in support thereof, as to the parish
in which the offence or act shall be alleged to have been
committed, shall not be deemed material, provided that
the offence or act be proved to have been committed within
the jurisdiction of the Justice or Justices by whom such
information shall be heard and determined; and if any such
variance or any variance in any other respect between such
information and the evidence adduced in support thereof,
shall appear to the Justice or Justices present and acting
at the hearing to be such that the party charged by such
information 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, and, in the meantime, to commit
(according to Form (4) in the First Schedule) the said de- ~f&uldule
fendant to prison or to such other custody as the said 3F;;;mgg(;).
Justice or Justices shall think fit, or to discharge him, upon s. 3.
his entering into a recognizance (according to Form ( 5 ) E;;du!c
in the First Schedule), with or without surety or sureties, ~ o r m w r
at the discretion of such Justice or Justices, conditioned for S. 3.
his appearance at the time and place to which such hearing
shall be so adjourned.

3111995

9. Every such complaint upon which a Justice or Justices of
is or are or shall be authorized by law to make an order complaint
and every information for any offence or act punishable informstion.
upon summary conviction, unless some particular enact-
ment of this Island shall otherwise require, may respectively
be made or laid without any oath or affirmation being
made of the truth thereof, except in cases of information
where the Justice or Justices receiving the same shall there-

or layinp

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12 JUSTKfiS OF 1 H E PEACE JLIRISDICTION

upon i sue his or their warrant in the first instance to
apprehend the defendant as aforesaid; and in every such
case where the Justice or Justices shall issue his or their
warrant in the first instance, the matter of such inform-
ations shall be substantiated by the oath or affirmation of
the informant, or by some witness or witnesses on his
behalf, before any such warrant shall be issued; and every
such complaint shall be for one matter of complaint only,

Comdaincr and not for two or more matters of complaint, and every
tiong such information shall be for one offence only, and not for

o or more offences; and every such complaint or inform-
ation may be laid or made by the complainant or informant
in person, or by his counseI or solicitor, or other person
authorized in that behalf.

Whcn war-

in fint

to ra lh on

rant isiutd

in%lance.

and into-

embraceme tw
matter only.

Limitation

complaints

l@. In all cases where no time is already, or shall here-
after be, specially limited for making any such complaint
or laying any such information, in the enactment or enact-
ments of this Island relating to each particular case, such
complaint shall be made, and such information shall be
laid, within six calendar months from the time when the
matter of such complaint or information respectively arose :

Provided that nothing in this section shall be deemed
to apply to any case triable by a Resident Magistrate in
the exercise of his special statutory summary jurisdiction.

hearing of 11. Every such complaint and information shall be
-daints beard, tried, determined, and adjudged by one or two
atioar or more Justice or Justices, as shall be directed by the

enactment upon which such complaint or information shall
be framed, or such other enactment or enactments as there
may be in that behalf; and if there be no such direction in
any such enactment, then such complaint or information
may be heard, tried, determined, and adjudged by any one
Justice for the parish where the matter of such information
shall have arisen; or with the consent of the complainant or
informant and the defendant in any case of summary juris-

of time for

md inform-
ation.

As CO

or inform-

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