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Justice in Bermuda

Justice in Bermuda. The Court System. The Six courts. Juvenile Court Coroner’s Court Magistrate’s Court Supreme Court Court of Appeals Privy Counsel. Hierarchy of the Courts. Privy Counsel. Juvenile Court. Court of Appeal. Supreme Court. Coroner’s Court. Magistrate’s Court.

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Justice in Bermuda

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  1. Justice in Bermuda The Court System

  2. The Six courts • Juvenile Court • Coroner’s Court • Magistrate’s Court • Supreme Court • Court of Appeals • Privy Counsel

  3. Hierarchy of the Courts Privy Counsel Juvenile Court Court of Appeal Supreme Court Coroner’s Court Magistrate’s Court

  4. Role of Juvenile Court • It is a closed court • Meets twice a month • Does not try the following cases: -murder, attempted murder, manslaughter, & infanticide. • Deals with children under the age of 16 years of age. • Convicted persons may receive one of the following sentences: -probation, a period of correction, a fine, or a combination of the above.

  5. Role of Coroner’s Court • This court is held to determine the cause of a death or ship wreck in Bermuda’s waters. • Magistrates and Registrars act as Coroners at the inquest.

  6. Role of Magistrate’s Court • Consists of a Senior Magistrate and two other magistrates. • They try summary cases such as traffic offences. • Misdemeanor cases such as: - theft, bodily harm & assault may elect to be heard in this court. • Settle family disputes • Serve on tribunals/ Liquor Licensing Authority

  7. Role of Supreme Court • Highest regular Court in Bermuda. • Consists of a Chief Justice and Three Puisne Judges. • Hear cases such as: -murder, manslaughter, robbery, divorce, and civil matters. (most are felonies) • All cases have juries except civil cases. • Hear appeals from Magistrate’s Court.

  8. Role of THE Court of Appeal • It sits in Bermuda only three times a year. • It consists of a President, three Justices of Appeal, and a Registrar. (This is the Registrar of Supreme Court) • Hears appeals from decisions made in the Supreme court.

  9. Role of Privy Counsel • Meets in England • Hears cases that are being appealed from the Court of Appeals

  10. Important People in the courts • Judge • Jury • Lawyers (Defense and Crown a.k.a. Prosecutions) • Plaintiff • Defendant • Bailiff • Attorney General • The Court Recorder • Witnesses

  11. Role of the Judge • Maintains order during the trial • Secures a fair trial • Instructs the jury as necessary • Determines the sentence

  12. Role of the Jury • The jury only sits in the Supreme Court. • Represents a system called, “Trial by Peers.” • Consists of 12 men or women. • Jurors are randomly selected from the parliamentary register. • Can only serve once every two years.

  13. JURY (Qualifications) • 18-65 years old, registered voter, literate in English & of good standing character. • 36 jurors are selectedat a time to be available fortwo months duty. • The 12 are randomly selected from the original 36. • The Defense may ask up to 3 individuals to “stand aside” • The Prosecution may ask up to 5 jurors to “stand aside”

  14. The Plaintiff • This is the person or agent who files the charge(s) against an individual(s), company, or the crown.

  15. The Defendant • This is the person who is being charged with a particular crime by a plaintiff or the crown.

  16. Counsel for the Defense • This is the lawyer working for the accused or the defendant. • The role of the defense counsel is to maintain the rights and interests of the accused. • If the defendant can not afford an attorney, the Crown will appoint one.

  17. Counsel for the Prosecution • They are the attorney or team of lawyers, who have been chosen to represent the Attorney General and the Crown. • They are responsible for providing evidence and witnesses that will prove the defendant guilty of his charges.

  18. Role of the Attorney General • The AG is responsible for deciding whether or not there is a charge to answer. • The AG selects the Solicitor General, Crown Counsel, or another attorney to represent the Crown when he himself does not handle the case.

  19. How Court Officers are Appointed • Judges, Magistrates, and Court Officials are appointed by the Governor based on advice from the Chief Justice. • The attorney General is appointed directly by the Governor.

  20. Sentencing in the courts • The sentence is imposed by the judge. • The sentence issued must follow guidelines set down by statutes which give a minimum and maximum sentence.

  21. Types of Crimes Felonies- are major crimes such as… murder, manslaughter, robbery, and civil matters Misdemeanors- are minor crimes such as… theft, bodily harm, and assault

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