to assist in reforming justice sector
The Summary Jurisdiction (Lay Magistrates) Bill 2009 which seeks to provide for the constitution of Lay Magistrates’ Courts, the appointments of such magistrates, and the regulation of their jurisdiction, practice and procedure, was yesterday passed in the National Assembly.

This Bill forms the basis for Government to move forward in reforming the justice sector to allow for a less formal system of justice administration at the lowest level of litigation.

Attorney General and Minister of Legal Affairs, Charles Ramson, who tabled the Bill, said the present magistrates “will not be affected in any way by this parallel strategy which could only amount to opportunity to relieve them of some of their duties.” Magistrates and lay magistrates will work side by side in the magisterial districts.

“Nothing in this act shall affect or be deemed to affect the jurisdiction of a magistrate’s court under the Summary Jurisdiction (Lay Magistrates) Act,” he reiterated.

This Bill will also help in removing the back log of cases that has been affecting the smooth progress of the Magistrates’ Courts.

The Bill states that a lay magistrate shall have jurisdiction throughout Guyana. Fit and proper persons with certain experience may be appointed as lay magistrates who would be protected when acting judicially.

The lay magistrate shall also be assisted by a clerk, preferably a person with legal qualifications.

A lay magistrate will also be able to try any criminal offence that can be tried, if the punishment does not exceed $10,000. He may try a civil case where the dispute does not exceed $50,000.

Additionally, it will be the duty of a lay magistrate to promote reconciliation and encourage and facilitate the settlement in an amicable way of proceedings of common assault and non-felonious offences. Likewise in civil cases, he is expected to promote reconciliation, and encourage and facilitate the settlement of disputes without recourse to litigation.

The lay magistrate will have the right to transfer a case to a magistrate in the same magisterial district where, from the nature of the case, the evidence warrants this.

It must be noted that the Chancellor of the Judiciary is empowered to make rules of court to regulate the practices and procedures to be followed by lay magistrates. Until such rules are made, the practices and procedures to be followed by lay magistrates’ courts in their criminal jurisdiction shall be regulated by the Summary Jurisdiction Procedure Act and in their civil jurisdiction by the Summary Jurisdiction (Petty Debt) Act, the Summary Jurisdiction (Magistrates) Money Regulations, and the Summary Jurisdiction Rules.

Offences that will be tried by the Lay Magistrates include:

* breach of the peace, such as profane, indecent and abusive language, disorderly and threatening behaviour, fighting and drunkenness in public, indecent exposure, provoking a breach of the peace and malicious damage to property

* traffic offences such as minibus and hire-car overloading, failure to conform to traffic signs, defective motor vehicles including motor cycles, unlicensed drivers, uncertified vehicles

* licence and revenue offences – relating to weights and measures in Georgetown and the towns and their environs, other than in their municipal markets, and unlicensed radio and other transmitting devices

* offences against the City and Town Council such as public health offences with respect to restaurants and eating houses, littering, untidy yards and surroundings, incorrect weights and measure in the municipal markets and encumbering parapets and

* offences relating to cruelty to animals.

This Bill was first tabled in the National Assembly in 1999 and was touted by former President, the late Cheddi Jagan. (GINA)