Shawn Stultz | Roles and duties of justices of the peace in Jamaica

Many people have lost sight of the relevance of the justices of the peace (JPs) in Jamaica. However, they play a very important role in the administration of justice. The Justice of the Peace Jurisdiction Act (2018) is the statute that outlines their duties, functions, selection, and how they should conduct themselves.

Sadly, there is a general misconception that the main duty of a JP is solely the signing and witnessing of documents. This is far beyond what the act stipulates. It is shameful, to say the least, that there are commissioned JPs who are oblivious to the laws that govern their function and to which they have taken an oath. Some of the other legal functions of a JP prescribed by statute include serving as lay magistrates in the Lay Magistrates Court, considering bail applications, signing bail declaration forms and signing search warrants.

Other documents that a JP can sign include affidavits, spirit licence applications, the perishable goods form under the Praedial Larceny Act, and Observer Certificates pursuant to the Committal Proceedings Act. The act also provides JPs with the authority to visit police stations to oversee and witness identification parades, caution statements, question-and-answer sessions, and witness interviews. Additionally, JPs are very integral in ensuring transparency by the police by being present and observing the taking of scientific evidence such as DNA samples.

STATION VISITS

One of the ultimate functions that has now become a matter of controversy in the media is the execution of station visits to ensure that the rights of inmates are not violated. This has been the statutory duty for all JPs, once commissioned to office. This function is ever so important because many issues can arise when an individual is behind bars that can affect their physical well-being. It is the responsibility of a JP to ensure that prisoners are not exposed to any form of inhumane treatment. A good deal might argue otherwise, but the law stipulates that they must do this in the interest of the arrested persons’ constitutional rights.

The office of JP is public and should be treated with the same level of integrity as any other public office. Persons must know and understand that a JP is a community leader with an abundance of responsibilities and not just one who serves as a figurehead. These are persons they can look up to as role models who will bring about positive changes in their communities. This can be done using various peacekeeping interventions, such as restorative justice and mediation, in resolving disputes.

The difficulty that exists is that many JPs still do not know their statutory obligations and the role they play in the Jamaican justice system. In the same breath, many people still don’t know the important role they play in our society. As such, much confidence is not placed on the importance of JPs. This is a stigma that must be erased. The Ministry of Justice has implemented various mechanisms to eliminate corrupt JPs and the ones that use the office for profiling.

CORRUPT PRACTICES

It has now, unfortunately, become a common practice for some JPs to engage in illegal and corrupt practices. This goes against the tenets by which a JP is expected to operate. The actions of a few only taint the office and shed a bad light on other JPs who are going above and beyond in carrying out their duties. It must be noted that the role of a JP is a voluntary one and, by virtue of the act, should not be used for personal gain and gratification. Whenever a JP is found in acts of criminal and corrupt practices, the custos, through the Ministry of Justice, is empowered by the Justice of the Peace Act to take appropriate action against that JP.

Section 20 of the act makes it an offence for a JP to use his seal or office for fraudulent practices. Subsection 1 Part D outlines that where a JP is found in breach of this section they are liable in summary conviction before a judge of the parish court to a fine not exceeding $500,000 or to imprisonment for a term not exceeding three years. The code of conduct of justices of the peace also empowers the custos of the parish to carry out an investigation on complaints made against a JP. Based on the findings of the investigation, the custos, guided by the statute, can recommend to the minister that actions be taken against that JP. Based on the nature of the offence, the court is also equipped to deal with the matter and grant sanctions where applicable.

JPs are not to act on a frolic of their own, as their actions can create negative implications for the office. This gives the public a negative perception of the roles and functions of a JP.

It is critical for the JPs to remain true to the oath which they took while being commissioned into office. Let us become more visible in our duties to the public so they can place more faith in the purpose we serve as public officials. Too many have absconded their roles and functions and are in hiding. The citizens need JPs who are role models and can bring hope to the people and communities they serve.

The custos of each parish, through the Ministry of Justice, and the Justice Training Institute, also continue to provide additional training to JPs. This will help to expand their knowledge of new and existing laws, which will better assist them in the administration of justice in Jamaica.

Shawn Stultz is a justice of the peace, St Andrew.