Friday, 30 September 2011

‘Help me to stop the injustice’ – Chuck urges Custodes

MOJ Press Release
September 30, 2011 - “I’m begging you; please help me stop the injustice.” These were the words of the Minister of Justice, the Honourable Delroy Chuck as he continued his campaign to reduce injustice and repair the image of justice in Jamaica when he chaired a meeting with the Governor General, Sir Patrick Allen and the 14 Custodes in Jamaica at King’s House, on Friday (September 23, 2011).
Increasing the number of Justices of the Peace (JPs) would be the first step toward achieving this goal.
According to Mr. Chuck, more JPs are needed to complement a number of programmes and activities of his Ministry. Chief among them is putting in place the necessary checks and balances to curb the level of injustice meted out to Jamaican citizens.
Citing section 50F (2b) of the Constabulary Force (Interim Provisions for Arrest and Detention) Act 2010, which sets out the role of a Justice of the Peace in the arrest and detention of any citizen,  Mr Chuck urged the Custodes to provide the necessary checks and balances, that is, to ensure that JPs play their part in monitoring the status of persons arrested or detained in police lock-ups pursuant to the Act.
The Honourable Delroy Chuck, the Hon. Paul Muschett, Custos of Trelawny and the Hon. Marcia Bennett Custos of St. Thomas having discussions after the meeting ended. (Photo by Kahmile Reid)

“We do not want a case where JPs are just signing away people’s rights and freedoms without reasonable grounds on which to do so. They must be able to say to a police officer, ‘I am not satisfied’…if they are not,” he said.
Minister Chuck also urged the Custodes to recommend more persons to be Justices of the Peace (JPs) as there are less than 5000 Justices of the Peace in Jamaica and this he said is nearly not enough.  He said there was a need to increase the number five fold and called on the Custodes to appoint younger persons to serve as JPs.
Also high on the agenda was the role of Justices of the Peace in a number of programmes already in place in the Ministry including the Restorative Justice Programme, Community Justice Tribunals and the Criminal Justice Parish Boards.
Under the Restorative Justice Programme (RJ) JPs will be asked to sit on the National Advisory Board as well as the RJ Steering Committee at the parish and community level, they will also be called upon to be facilitators.
“Justices of the Peace are fit and proper persons who can assist us in the administration of justice at the community level through Restorative Justice and the Community Justice Tribunals. I am calling on you the Custodies and I will be calling on the JPs themselves to buy into these programmes.”
Community Justice Tribunals
Further, he explained that the Government of Jamaica had already declared its intention to establish Community Justice Tribunals across the island. The Tribunals will be conducted by JPs with a view to resolving disputes between citizens that do not involve a criminal offence and that are heard with the consent of the disputing parties. To facilitate the role of the Justice of the Peace in the CJTs, appropriate amendments will be made to the Justices of the Peace Jurisdiction Act.
Criminal Justice Parish Boards

Additionally, with the establishment of the Criminal Justice Parish Boards, more JPs will be needed to assist.

The Criminal Justice Parish Board is a body of key stakeholders in the justice system who will operate in collaboration with all
State Agencies and Departments that have responsibility for Criminal Justice, as well as the Private Bar to deliver an efficient, effective and fair Criminal Justice system through a reduction in the criminal case backlog.

“The Criminal Justice Parish Boards will bring together key players in the Criminal Justice Sector to co-ordinate activities and share information for delivering criminal justice in their areas of responsibility.

“The Boards, I believe will assist in improving public confidence in institutions of justice in their respective parishes.” Minister Chuck explained.
The Boards will consist of The Custos, who will be the Chairman; the Divisional Commanders of the Jamaica Constabulary Force of each Parish; the Clerk of Courts; the President of the Lay Magistrates Association (Local Chapter) and any other selected Justice of the Peace; the Court Administrator of the Resident Magistrate Court; nominated member of the Regional Bar Association representing the Parish; and a representative of the Ministry of Health.
The Boards will be appointed by the Minister of Justice and will serve, in the first instance, for three (3) years, with eligibility for re-appointment.

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