Attorney General and Minister of Legal Affairs Charles Ramson on Thursday last, presented the Summary Jurisdiction (Lay Magistrates) Bill 2009 for first reading in the National Assembly.
The bill provides for the constitution of Lay Magistrates’ Courts, the appointment of such magistrates and for the regulation of their jurisdiction, practice and procedure.
According to the explanatory memorandum, “the law as regards the present magistrates remains unchanged and magistrates and lay magistrates will work side by side in the magisterial districts.”
The bill proposes 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.”
Additionally, the bill proposes that a lay magistrate shall be assisted by a clerk, preferably one with legal qualifications.
Further, the law proposes that a lay magistrate may “try any criminal offence triable summarily if the punishment does not exceed ten thousand dollars.
Additional the magistrate may “try a civil case where the dispute does not exceed twenty-five thousand dollars.”
The bill also proposes that lay magistrates be allowed to transfer a case to a magistrate in the same magisterial district where from the nature of the case, the evidence warrants this.
A lay magistrate may also adjourn a case and he or she sees fit.
According to the explanatory memorandum of the bill, “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, such a magistrate should promote reconciliation and encourage and facilitate the settlement of disputes without recourse to litigation.
The Explanatory Memo-randum also stated that “the Chancellor is empowered to make rules of court to regulate the practice and procedure to be followed by lay magistrates.
Until such rules are made the practice and procedure to be followed by lay magistrates’ courts in their criminal jurisdiction shall be regulated by the Summary Jurisdiction Procedure Act, Cap. 10:02, and in their civil jurisdiction by the Summary Jurisdiction (Petty Debt) Act, Cap.7:01, the Summary Jurisdiction (Magistrates) Money Regulations and the Summary Jurisdiction Rules.”
Meanwhile Ramson also tabled the Bills of Sale (Amendment) Bill 2009. This bill seeks to amend the Bills of Sale Act (Cap.90:12) to remove the requirement for annual renewal of bills of sale and substitute the requirement of renewal to every three years instead.
