by Linda Straker
- New appointees published in 21 July edition of Government Gazette
- Most appointees are retired public officers, current public officers and businesspeople
- Jurisdiction extends throughout Grenada or district or portion of a district for which he or she may be appointed
According to the Office of the Governor General, 165 people were appointed to serve as Justices of the Peace, and their names were published in the 21 July edition of the Government Gazette as required in the Magistrate Act.
According to the list, the parish of St Andrew has 60 appointed Justices of the Peace, while the parish of Carriacou and Petite Martinique has 26. The parish of St George has 31, St David’s parish has 9, St John’s has 16, St Mark’s has 23 and St Patrick’s has 13. Most of the appointees are retired public officers such as policemen, teachers, current public officers, and businesspeople.
Section 10 of the Magistrate Act guides appointing citizens to serve as Justices of the Peace whose names must be made public in January of each year.
“The Governor-General may by instrument under his or her hand and the public seal appoint any fit and proper person to be a Justice of the Peace for Grenada, or for any district or portion of a district. The Governor-General may in like manner, for cause appearing to be sufficient, remove any Justice of the Peace from office,” states the legislation which mandates that every appointment and removal shall be notified in the Gazette.
With regards to the powers and duties of Justices of the Peace, they have power to preserve the peace, to suppress riots and affrays, and to disperse all disorderly and tumultuous assemblages, and for any of these purposes to call upon the assistance of the police force and members of the public, who shall be bound to obey all lawful commands.
“Every Justice of the Peace shall have the same power as a Magistrate to issue warrants for the apprehension and commitment for safe custody of persons charged with offences; to remand persons charged with offences, to issue search warrants and to take affidavits and administer oaths in cases allowed by law; and to sign summonses to defendants and witnesses in civil cases and to witnesses in criminal cases,” states the legislation which was last amended by Act No. 12 of 1996.
The legislation explains that if any indictable offence or breach of the peace is committed in the presence of the Justice of the Peace, he or she may apprehend the offender or verbally command any other person to do so; and that person may thereupon follow the offender and if he or she flees, carry into effect and execute the command whether in or out of the view of the Justice by whom it was given.
The jurisdiction of a Justice of the Peace shall extend throughout Grenada or the district or portion of a district for which he or she may be appointed. In the exercise of his or her powers whether civil or criminal, a Justice of the Peace shall be deemed to be a Magistrate within the meaning of the Magistrates Protection Act, Chapter 179.
The law also states that whenever a Magistrate is unable from sickness, absence or any other cause, to be present in Court, any Justice of the Peace, being a barrister or solicitor or 2 Justices of the Peace (neither being a barrister or solicitor), may at the request of the Magistrate in writing sit in Court in his or her place, and shall while so sitting have and exercise all the powers of a Magistrate: provided that such power shall not extend to more than one sitting of the Court or for the completion of the hearing of any matter commenced at such sitting.
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