Jamaica now has more than 9,000 JPs
THERE are currently more than 9,000 justices of the peace (JPs) serving within communities across the island.
They are characterised as people of unquestionable integrity who seek to promote and protect the rights of individuals and help to give justice to those persons in a particular community.
According to the Ministry of Justice, any citizen, club, organisation or other such body or enterprise, may recommend that an individual be appointed a JP.
Speaking with JIS News, director of public law, restorative and preventative justice at the ministry Julia Moncrieffe Wiggan explained that the ministry provides administrative support for the various processes involved in the appointment of JPs.
She said primarily, the management and oversight of all JPs falls within the remit of the custos rotulorum for each parish.
“A JP is a person who has been appointed by the His Excellency the Governor General to the office of Justice of the Peace and that person is given an official instrument of office along with an official seal,” Moncrieffe Wiggan added.
She notes that the justice of the peace is legally or statutorily established by the Justice of the Peace Act.
“In respect to the appointment of the JP, that is facilitated through the custos of the parish, having recommend to our minister of justice, that such a person is suitable for the office of Justice of the Peace,” Moncrieffe Wiggan said.
“Upon such recommendation from the custos of the parish by way of what we have in place, an advisory committee, chaired by the custos of the parish, the minister will first facilitate training of that person to become qualified as a justice of the peace and upon completion of that training, then the minister recommends that person’s appointment as a JP to the governor general and therein you have a justice of the peace,” she added.
Persons recommended must go through a minimum of 18 hours of training which is facilitated by the Justice Training Institute (JTI). Given the novel coronavirus pandemic, the JTI is now doing online training of JPs.
To be considered for the office of the JP, an individual must be a Jamaican citizen resident in the country at the time of appointment.
Additionally, they must be at least 23 years old and able to read and write in English.
“Most importantly, in applying the criteria, that person has to satisfy the governor general that he or she is of unquestionable integrity, commands the confidence and respect of his community, has given good service to the community or the wider Jamaica and demonstrates or shows that he or she has the potential to continue to give such good service,” Moncrieffe Wiggan explained.
She also informs that individuals can also self-apply to become JPs or be nominated by a church or place of work.
“You may go to the office of the custos; so if you live in Kingston you go to the Custos of Kingston’s office and you can obtain an application form or you can visit the Ministry of Justice’s website and download our application form; the website address is www.moj,gov.jm,” the director said.
The completed application form should be dropped off at the office of the custos along with supporting documentation to prove age and identity, two recommendations from a pastor, JP or a senior police officer and two passport size photos certified by a JP.
Moncrieffe Wiggan said if persons are not familiar with the location of the office of the custos in their parish, they may visit the ministry’s website for the necessary information.
Once appointed, the JP will take an oath and is provided with an official Instrument of Office and an official seal.
“A justice of the peace is not allowed to stamp or use any other instrument other than the official seal that is provided to them by the Government for them to carry out their duties,” Moncrieffe Wiggan noted.
The Justice of the Peace Act was amended in 2018 to expand the jurisdiction of JPs to allow them to serve anywhere in the island.
“It allows for justices of the peace to provide their service across the island of Jamaica. In the past, before 2018, they were restricted to their parish. Now, as we promote this drive for greater access to justice for the people of Jamaica, the JPs will be able to serve across Jamaica, with the exception as it relates to their judicial functions, they are restricted to their parish,” Moncrieffe Wiggan said.
“If a JP serves as a lay magistrate in the Lay Magistrates Court or sits on the Spirits Licensing Authority or the Children’s Court, then they would serve as it relates to their parish. But any other duty as it relates to the attesting or authenticating documentation, it applies to the wider Jamaica, so they’re not restricted to their parish,” she added.
The director said that JPs are required to be continually trained so as to enhance their performance and duties as they relate to laws.
JPs also serve in the drug court and they are also required to visit prisons, children’s homes and homes for the aged.
Justices of the peace are guided by their code of conduct. The code is intended to provide effective administration of justices by promoting high morals and ethical conduct.
t also ensures duties are conducted with integrity, independence, fairness and in the public interest.
Among the areas emphasised in the code of conduct is for JPs not to use their office to secure any personal financial benefit.
This means that at no point in time should they require payment for their services.
“The law requires that the office of the Justice of the Peace is free of emolument, so any duty carried out as a justice of the peace must be free of charge and so we want to implore the public to remember that you do not pay for any of the services provided by the justice of the peace,” Moncrieffe Wiggan said.
“Where a JP breaches any aspect of the code of conduct, their commission can be suspended or ultimately it can be revoked by the governor general. Whilst our justice of the peace tenure is for life, there is that level of management and accountability through the Code of Conduct,” she added.
As a means of accountability, JPs are required to file an annual report to their custos detailing their activities over the period.
Where a JP no longer serves in that capacity, certain processes must be carried out, such as the returning of the official seal to the Ministry of Justice.
Persons seeking to find a JP may do so by accessing the JP listing on the website of the Ministry of Justice at: www.moj.gov.jm.