Zoning the Numbers of JP’s in the Region.
THERE is need to find comparative jurisdiction to work through the ratio of JP’s required for our country of over 700,000 people in from the ten administration Regions. However, given the constraints it is clear that there is need for immediate action to be taken.
Existing JP’s: at present once a JP is appointed the appointment becomes effective for life. The result is aged and infirm justices exist in the system. There is a great risk of miscarriage of justice accruing when persons are not physically fit for office.

The majority of the present holders of instrument are over the age of 50 it is vital to the administration of justice that these JP’s be capable of performing the functions of their office, as such it is recommended that each JP present to the Attorney General, a certificate of medical fitness as issued by a registered medical practitioner. If not satisfied, the Attorney General may require that such JP attend to a medical practitioner. If as prescribed by the office for verification of good health.

Issue country wide the quality of personnel appointed as Justice of the Peace impact critically on the integrity, efficiency and effectiveness of the Justice of the Peace system which is a cornerstone of the judicial system. As such the Justice of the Peace system must at all time be staffed with adequate numbers of committed, individuals with the necessary competencies to achieve the stated objectives, given the many benefits which can accrue. This Association recommends that before the cabinet appoint the committed, should first ensure refresher training for all existing JP’s and that an assessment be carried out at the end of the training. All JP’s who perform well in the assessment should be re-issued instruments of appointment for all of Guyana. The remaining JP’s should be allowed to continue to function in their magisterial districts for many of these are people who have contributed decades of service. A system of “grandfather” would allow them to serve with dignity for as long as their health allows. With improved monitoring of the JP’s & COA’s it may be recognized that there is a need for additional JP’s to function during the transition period.

As such, this Association further recommends that the cabinet appointed committee follow a transparent and comprehensive applications process from persons wishing to serve as JP’s. The Association must make recommendations to the Attorney General following a comprehensive appointment process as proposed below.

New JP’s: it is recommended that new JP’s be appointed for an initial period of one {1} year to the magisterial district in which they reside, also that a new JP not be under the age of 40. However, this Association considers that a minimum age must be carefully considered by a standing committee in light of possible changes to the system. However, this Association strongly advocates a process of mentorship irrespective of the age of the individual whereby a new JP is assigned to be mentored by an experienced Justice of Peace.

There are varied systems of appointment in commonwealth jurisdictions which can inform an improvement in our recruitment process, the functions of these JP’s are very similar in many respects to what obtains in Trinidad & Tobago, although their judicial functions are greater in some respect, for instance in Victoria, Australia Justices of the Peace and bail justices serve a semi-judicial function and collectively are known as honorary justice. Their main roles include witnessing statutory declarations; witnessing affidavits; and hearing bail matters outside hours.

Bail Justice only
JP’s are recommended by the state Attorney General and appointed by the Governor in Council. There are currently more than 4000 JP’s serving in Victoria which has a population about 5 million. The Attorney General is always interested in receiving application from past or present community leaders willing to become registered JP’s, the role of a bail justice in Victoria is to hear bail applications (under the Bail Act 1977) and applications for interim accommodation orders for children (under the children, youth and families Act 2005). A bail justice can remain appointed until the age of 70 however applications must be under 65. They are often required to rule on bail applications on weekends and late at night when the courts are closed, and also witness statutory declarations and affidavits.

It is to be noted that the function of bail, which is restricted to certain JP’s in that jurisdiction are quite similar to our JP’s. However, their other function includes dealing with children; JP’s here have expressed an interest to be allowed to widen their functions here in this regard as well because of their involvement in the community and better understanding of the needs of the families in their areas. An issue of competence must be considered, as well as the need for such functions to be performed by a JP before determining whether these functions are included in the office.

Clearly there is need for a transparent process of appointment which would allow the Attorney General to be satisfied with the caliber and competence of persons being appointed to this esteemed office. The Attorney General Office should prepare a suitable application form for further applications.