WITH touts and others who are having total disrespect and disregard for the law, the Justices of the Peace Association and the Constitution of Guyana, the President of the Association noted this, and stated that the problem of corruption was of a far more symptomatic nature reflective of the core deficiencies in the administration of the office and the system. So the Association is asking for compulsory registration for all J.P’s country wide. There is no comprehensive administrative system at this time to review and support the work of the JPs. As can be expected, this lack of administration however has led to a range of administrative challenges for JPs. Some of which are very simple to solve from issuing parking stickers to allow JPs to park near courts and police stations and other important places even the stickers would assist the JPs at road blocks to be recognized when they are late for public engagement, in all it is good to publish the names of the appointment of new JPs and magisterial boundaries needed to be defined and communicated to the police because when some JPs go to certain police station they are prevented from acting and are told they have no authority even when they produce their JP I.D. Cards. Practicing JPs have expressed frustration with some of the system.

{1} Risks Faced by JPs
The urgency in dealing with these issues now are no longer just related to the issue of poor administration but also to the security risk that JPs are exposed to in the performance of their duties.

(a) Most JPs operate out of their homes and they are vulnerable to possible attacks from shady characters who may be seeking help for their arrested members.

(b) In resolving disputes between community members or between domestic partners the JPs are exposed to threats of violence from the aggressive party against whom a police report may be made.

{2} As a result of these and other challenges, some JPs have stated that there are cases which they prefer not to handle at all. In particular, these include charges involving the trafficking of narcotics and other illegal substances. This then leads to another key issue facing the JP system, and that is the question of the ratio of JPs in areas whether the system as it now stands is the most effective use of this human resource for the betterment of the people and for the whole of Guyana or for such district or portion thereof as shall be expedient.

At the same time as a JP, I would clamour for more involvement in the business of JPs and for expansion of their functions. For instance the Association in 2009 expressed an interest in helping the ministry vet potential JPs since it felt that the job is too much for the ministry. The Association expressed the view that it can do a good job at investigating the person’s suitability.

{3} Historically the JPs Office is an honorary one for which no fees is sought from the public or the state. However JPs have pointed to the many expenses incurred in performing their functions such as travelling, phone calls, time spent with clients. The President of the Association proposed that the office of JP should carry remuneration and suggested that a scale of fees be paid by persons seeking the services of the JP. I would also recommend that fees should be fixed in an effort to eliminate any possible malpractice and also to prevent hardship to the JP who in the due performance of his duties may incur incidental expenses. A fee to be paid for services rendered between the hours of 6:00 a.m. and 6:00 p.m. with a 50% increase for night service. This seems much more realistic by today’s standards.

Attaining specific public office: Persons who by virtue of their office are ex-officio Justices of the Peace. These include Magistrates, Mayors, Deputy Mayors, Chairmen and Vice Chairmen of Regional Corporations, Officers of the First Division of the Police Service (viz Superintendent, Superintendent and Assistant Superintendent.

{4} Recommendations
The Association would like to see the judiciary to become more service-oriented and customer-focused. The Association would like to see that emphasis be placed on making progress in areas such as justice, timeliness, equality, fairness, integrity independence and accountability as well as public trust and confidence therefore that all systems which impact on the effective functioning of the JPs must also be reviewed so as to meet government’s expectations. The developed countries like Singapore, Norway, Ireland, Iceland, New Zealand and Hong Kong.

(a) In Hong Kong it was found that the historical functions of JPs had been replaced by fulltime legally qualified Magistrates. Today, JPs are essentially titles of honour given by the Government to community leaders and certain officials while they are in their terms of office. They have no judicial functions and their main duties include visiting prisons, institutions for young offenders and drug addicts, remand homes, places of refuge and also for administering statutory declarations.

(b) In New Zealand, the JP is someone of good stature in the community who is authorized to witness and sign statutory declaration and affidavits. They also have certain powers to issue search warrants and (in conjunction with other JPs) may try minor criminal trials in the district court and exercise powers to remand defendants in custody, grant bail and adjourn court hearing. They are nominated for office by the local Member of Parliament.

(c) In Singapore the JP derives his powers from statute law and he is appointed by the president of the republic who also has powers to revoke the appointment as in the Republic of Guyana.

(d) Ireland JPs have been replaced by Peace Commissioners in Ireland. The office is an honourary one and their duties and powers consist primarily of taking statutory declarations, witnessing signatures on documents of required various authorities and signing certificates and orders under various acts. In Ireland, the Courts of Justice Act 1924 gives Peace Commissioners the powers to issue summons and warrants. These powers are not used because a number of court cases have cast doubt on whether the exercise of such powers by people other than judges is constitutional.

(e) Trinidad and Tobago – the Ministry of the Attorney General in Trinidad and Tobago is currently in the midst of reviewing its various systems to improve on its service delivery, and would be considering these issues. Among the changes to come are the introduction of technology and the review of procedures in the administration of justice. At the same time the Ministry would revise legislation to facilitate these changes where required. The office of the JP is one such fundamental system being reviewed, and the changes taking place in this system must be aligned with changes be made to the criminal justice system in general. Firstly though, the following fundamental issue of the relevance of the JP system today needs to be addressed.