Court tips… Going to Court? Here is what you need to know…

Jan 19, 2020 News

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By Feona Morrison

This article is aimed at being a guide to anyone who may find themselves before a court of law for one reason or another.

The judiciary consists of several jurisdictional Magistrates’ Courts; there is one High Court in each of the three counties. Then there is the Court of Appeal, and the final court of resort, the Caribbean Court of Justice (CCJ). The Magistrates’ Courts, which are the largest in number, deal with criminal matters such as assault, simple larceny, abusive language, robbery under arms, forgery, and landlord and tenant claims. Civil matters include landlord and tenant claims.
According to a booklet published by the Guyana Legal Aid Clinic, and titled The Law and You, Magistrates’ Courts also conduct preliminary inquiries/committal proceedings into the merits of charges for indictable offences such as rape, manslaughter, murder and treason. It says that the Magistrate, after hearing and assessing the evidence led before him/her, may then commit the accused to stand trial in the High Court, only if insufficient evidence was found to have been led.

Otherwise an accused person would be discharged. This discharge is not an acquittal; charges may again be brought against a person for the same alleged offence. There are Magistrates’ Courts in every county, and most of the cases brought by the police are prosecuted by police ranks. A person may, however, bring a private criminal action in the Magistrates’ Court. It is important to note that the Director of Public Prosecutions (DPP), has at all times, the discretion to withdraw this private matter,” The Law and You informs.

Under treason, a presiding Judge is not limited as to the number of years he/she can impose for a custodial sentence. Apart from this, Judges are empowered to impose life and death sentences in criminal trials, a Magistrate cannot impose a sentence that is greater than five years. Over at the High Court, which deals with serious offences such as murder, rape, attempted murder, a 12-person jury is the sole judge of the facts.
The High Court also deals with civil matters. These include lawsuits, and matters pertaining to property disputes, maintenance, domestic violence, division of property, estates, injunction, adoption, bigamy, landlord and tenant, nuisance, trespass, employment, custody and access, divorce, mortgages, applications for probate and letters of administration, Deed Polls and Affidavits, custody and access.
According to The Law and You, appeals from the Magistrates’ Courts and from a High Court judge’s decision in chambers are heard by the Full Court of the High Court. Then there is the Court of Appeal in Kingston which hears both criminal and civil appeals from the High Court, Full Court and the Magistrates’ Courts. Appeals from the Court of Appeal are heard at the Trinidad-based Caribbean Court of Justice (CCJ), this nation’s final court of resort.
Sittings of the Full Court are presided over by two judges. The Chancellor, who is the head of all the judges, and four or five other Justices of Appeal comprise the Court of Appeal. Three or five members of the court hear appeals. The Land Court, on the other hand, is a court established by statute to adjudicate on matters involving lands, including prescriptive rights, The Law and You says. It is presided over by a Commissioner of Title.
A Magistrate is addressed as “Your Worship”. A Judge in the High Court, Land Court, Full Court and Court of Appeal is addressed as “Your Honour.” While it is not mandatory to have a lawyer represent you, it is advisable to have one when accused of a serious offence. In Guyana, the State bears the burden of providing legal representation for persons facing indictable offences. Persons who cannot afford to pay a lawyer from the private bar can approach the Guyana Legal Aid Clinic for assistance.
How does one dress for court? The Law and You suggests, “As usual, as long as this does not mean, for example, unbuttoned shirts or very low cut dresses. Men are not allowed to wear hats. 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, pink, to court.”
Men are not allowed to wear earrings in court. When at the courthouse, ensure you speak quietly; it is a silent zone. If you are a witness in a matter, be prepared to speak loudly, clearly, and to tell the truth, the whole truth and nothing but the truth.
Tight security is provided at each court house by ranks of the Guyana Police Force. Persons are not allowed in the courthouse with firearms, and other dangerous weapons. In fact, in some instances, before entering the court compound, persons are subjected to a thorough search.
I do hope that the foregoing facts will be a guide should you ever have to ascend the stairs of a courthouse.

 

 

 

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