The levels of court supremacy

Apr 18, 2021 News

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By Renay Sambach

Kaieteur News – If you are not aware of the different functions of the various courts in Guyana or the way they operate, this article can be of help.
In Guyana, the Judiciary consists of three different levels of court supremacy. There are several jurisdictional Magistrates’ Courts, one High Court in each of the three counties and one Court of Appeal.

MAGISTRATE’S COURT
The Magistracy is like the hub of Guyana’s Judiciary. There are more Magistrates’ Courts than any other court in Guyana and as such, a large number of criminal cases are disposed of at the Magistracy level.

The Magistracy conducts summary criminal matters such as: assault, simple larceny, abusive language, robbery under arms, forgery and also civil matters.
Working at that level of court are Magistrates, who are Judicial Officers who administrate the law in the various districts throughout the country.
There is the Chief Magistrate, Principal Magistrates, Senior Magistrates and Magistrates. According to the law, the Chief Magistrate, a Principal Magistrate, and a Senior Magistrate have the power to exercise and perform all the functions conferred on a magistrate under the Summary Jurisdiction (Magistrates’) Act.
The Magistrates function by examining facts presented to the court by the prosecution and defence and then applying the relevant laws to reach a final verdict or decision.
At a trial in the Magistrate Courts for summarily disposed matters, the prosecution presents the evidence in the matter to the court and at the end of a trial the Magistrate can either rule if there’s insufficient evidence or sufficient evidence for the defendant to be convicted for the offence.
All serious offences like murder, carnal knowledge, rape and other serious criminal matters commence at the Magistracy level. For those offences a Preliminary Inquiry (PI) or Paper Committal is conducted before it is sent to the High Court if enough evidence is produced.
For serious offences a defendant is not required to plead to the charge since it is laid indictably. In a PI, the evidence in the matter is presented to the court and at the end, the Magistrate can either rule if there’s insufficient or sufficient evidence against the defendant for him/her to stand trial in the High Court or if the matter will be discharged.
Most persons often mistake the matter being discharged and the matter being dismissed. A serious offence, being discharged against someone is not an acquittal. It should be noted that with a matter being discharged, charges can be brought again, against someone for the same alleged offence.
In addition to criminal matters, Magistrates also hear some civil cases and family disputes.
Also, Magistrates cannot rule over serious offences, only Judges can pass judgment for serious offences in the High Court and Magistrates cannot impose a sentence greater than five years for any matter.
Besides handling the majority of criminal matters, the Magistrate’s Court is where persons go to pay or uplift child support.

HIGH COURT
Unlike the Magistrate’s Court, Judges in the Supreme Court of Judicature, which is often simply called the High Court, are empowered to impose life and death sentences in criminal trials.

The High Court stands right above the Magistrate’s Court and even though it is called the High Court, the court is not at the top of the Judiciary with the greatest power or responsibility.
There is provision for 12 judges in the High Court, with the Chief Justice having the overall responsibility. There is one High Court in each county, one in Georgetown; New Amsterdam, Berbice and Suddie, Essequibo Coast.
During court proceedings in the High Court, a Judge is respectfully addressed as “Your Honour” while the Prosecutor, the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law, is addressed as “Sir” or “Miss”. Prosecutors in the High Court for criminal cases are normally attorney-at-laws attached to the Chambers of the Director of Public Prosecution (DPP), Shalimar Ali-Hack, S.C.
Most proceedings in the High Court are held before a single Judge. Both criminal and civil cases are done in the High Court. After a PI or paper committal is conducted at the Magistrate’s Court, it commits the defendant to stand trial in the High Court for the offence.
A unique feature in the High Court is that the Jury is involved in criminal cases. A Jury is a body of 12 persons who were sworn in to give a verdict on the basis of evidence submitted to them in court. These selected civilians are expected to be free of prejudice. The Jury is tasked with returning a verdict, often times after hours and hours of deliberation.
It should be highlighted however, that in reality a Judge has the power to dismiss a serious charge, like attempted murder, rape or murder.
All criminal proceedings in the High Court are brought by the DPP. The DPP has the power at her discretion to either withdraw or reinstitute a charge. However, if a charge is reinstituted; it will have to start over from the Magistracy Level before it is either discharged or sent back before a Judge in the High Court.
Additionally, law suits are also filed in the High Court. If an individual (company or institution as well) feels he or she has been victimized and desire to make compensatory claims exceeding $50,000 against someone, the matter is heard by a Judge in the High Court.
The High Court is also tasked with handling custody and adoption of children, divorce, injunctions, applications for probates, and letters of administration as well as the passing of transports to land and mortgages. To claim compensation for libel, infringe or injuries received in a car accident, a writ of summons must be filed in the Registry of the High Court. It is then served by a Court Marshal on the person the claim is made against.
According to the ‘The Law and You,’ it is advisable to have an attorney-at-law represent you in the High Court where rules of evidence and procedure have to be followed strictly.

COURT OF APPEAL
If you or your attorney is unsatisfied with a Magistrate or Judge’s decision, a notice of appeal can be filed and the appeal of the matter can be heard in the High Court in the Chambers of the Full Court.

However, the final local resort is the Guyana Court of Appeal. The Appeal Court has the power to hear both criminal and civil appeals from the High Court, some from the Full Court and even from the Magistrates’ Courts.
The Court of Appeal is located in Kingston, Georgetown.
After filing for an appeal, there is a waiting time before the matter actually comes up in court for the appeal to be heard. The Judges in the Appeal Court can either overturn the Magistrate or the High Court Judge’s decision or rule that the conviction and sentence was properly instituted.
When attending all three courts, persons must remember to dress decent and consider the style and colour of clothes when attending court. The court is a serious place and your style of dress should always exhibit your respect for it.

 

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