Facing criminal charges and the realities of the Magistrates’ Court

Oct 26, 2014 News

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By Sunita Samaroo
So, you’ve found yourself on the wrong side of the law and you’re about to be charged. In fact, three days ago, you were sitting on the bench at a police station, not knowing what to expect.
Perhaps a thousand questions danced around in your head during that time; the most common being “what next?” You may have wondered if that’s the “end of it”; if you’ll be jailed immediately. The idea of being taken from your family and friends for a long time just for being in the “wrong place at the wrong time” or that “one mistake” has definitely become terrifying.
The first thing you need to do is relax. The law doesn’t immediately focus on what allegedly happened. There is a system that any alleged offender must go through and whether you actually snatched a gold chain at Stabroek Market or were picked up by someone who thought it was you who did it, you’re entitled to a fair hearing before a Magistrate.
Your case will be called before a legal officer, simply because you’re entitled to it.
The question that many people have, however, is oftentimes where they would end up. Which court? What will it really be like?
There are, in fact, several courts in Guyana: the Court of Appeal, Full Court, High Court, Magistrates’ Courts and Land Court. While they are all part of one body called the ‘Judiciary,’ there are distinct rules which tell which court you will be heading to.
The Magistrates’ Courts are the largest in number and judging from the fact that you were detained by the police for an alleged criminal offence, you will be facing a Magistrate. The law is no joke and things are serious, but you need to compose yourself.
Being a court reporter, I’ve witnessed the ‘court jitters’ one time too many. Funny enough, it is not only the one who will be charged that oftentimes experiences it. The litigants (person who reported a matter) have confessed to having them too, because no one is altogether sure what to expect.
Section 20 of ‘The Law and You,’ a leaflet published in 2003 by the Guyana Association of Women Lawyers, makes it as comprehensible as possible.
The booklet which was edited by Attorneys-at-Law Rosemary Benjamin, Rose Cadogan, Sandra Bart and sitting Madam Justice Roxanne George, offers helpful insight into the realities of these situations.
The leaflet explains the functions of the Magistrates’ court and the types of cases it normal deals with. It says that small criminal and civil matters are heard in these courts. Cases of minor assault, petty theft, abusive language, landlord and tenant claims and claims for debts under $50,000 are just examples of what a Magistrate is, by statue, allowed to handle.
The Women Lawyers’ leaflet divulges that there are Magistrates’ Courts in every county and most of the cases brought by the police and individuals are heard in them. Guyana has over 30 Magistrates’ Courts and depending on which district a crime was allegedly committed, the nearest Magistrates’ court would be your best bet for the proceedings.
The leaflet goes on to say that a person may, however, bring a private criminal action in the Magistrates’ Court, but the Director of Public Prosecutions (DPP) has at all times the discretion to withdraw.
But what if you or someone you know were charged with an indictable offence? On occasion there is confusion looming over the term, but simply put, an indictable offence is defined as one which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury.
In other words, the Magistrates’ court conducts preliminary inquiries/committal proceedings into the merits of charges for indictable offences such as rape, manslaughter, murder, attempted murder and treason, before a Magistrate decides whether there is enough to send it over for High Court trial.
In certain instances, there are of course other serious offences such as armed robbery and fraud that could be laid indictably and then you as an accused have a choice. Before biting your fingernails, understand that you get to choose whether you want the matter to be heard before a Magistrate or Judge – the Administration of Justice Act allows you that much.
Most Magistrates will, however, inform you that their court can handle the matter. But if you find yourself charged for murder, rape or the like, the Magistrate, after hearing and assessing the evidence led before him/her, may then commit you to stand trial in the High Court. But if insufficient evidence was found to have been led against you, then the case would be discharged.
If the matter is discharged, do not confuse that for an acquittal. Charges may and have time and time again been brought against a person for the same alleged offence. The case of former murder accused Carol Ann Lynch would be a prime example. She was charged twice for her husband’s murder. The first time it was discharged, but the DPP recommended it be brought again. The second preliminary inquiry was also fruitless.
Your case in that court will be presided over by a Magistrate, who is normally an Attorney-at-law.
A magistrate is respectfully addressed as “Your Worship” while the Prosecutor (the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law) as “Sir” or “Miss.”

FIRST HEARING
In most cases your first hearing, can be considered a bail hearing and thousands have gone through this before in the Magistrates’ Court.
Basically you listen to allegations and are asked to plead to the charge. You will not be called to respond if the charge is indictable.
Indictable, except in certain cases, does not mean you cannot get bail. There are of course, categories of bailable and non-bailable offences. For simple larceny you can be granted bail by the Magistrate; it happens often but for certain things like murder, bail by a Magistrate is a “no-no.”
Is it necessary to have a Lawyer? According to ‘The Law and You’ while it is not necessary, it is advisable to have an Attorney-at-Law represent you, particularly in the High Court, where rules of evidence and procedure have to be followed strictly.
In the Magistrates’ Court, a lawyer can make your bail application and also defend you during trial. These are things, however, that you can also do. Magistrates quite often clearly explain the procedures to you.
“How should I dress for Court?” is another one that normally leaves one pondering. While some tend to overdo it, the leaflet has advised to dress as usual. It cautions, however, that “usual” does not mean unbuttoned shirts or very low cut dresses.
A common feature of most courthouses is a Code of Dress notice on bold display. If you were picked up by the police, however, your chances of being dressed as fancy as you wish are markedly slimmer.
Men are strictly not allowed to wear hats in court. For women, well-tailored long pants (not tight) are permitted, or pants suits. It is advisable to avoid wearing bright colours such as red, orange and pink, to court.
The leaflet also advises that if you wish to bring a private criminal case, perhaps for insulting or abusive language, a complaint must be filed in the Magistrates’ office and a copy of it will be served upon the person you wish to summon.

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