St Helena Magistrates' Court

Last updated

St. Helena Magistrates' Court
St Helena Courthouse.jpg
St Helena Courthouse in 2021
Jurisdiction Saint Helena
Location Jamestown, Saint Helena, STHL1ZZ
Coordinates 15°55′29.9″S5°43′04.8″W / 15.924972°S 5.718000°W / -15.924972; -5.718000 Coordinates: 15°55′29.9″S5°43′04.8″W / 15.924972°S 5.718000°W / -15.924972; -5.718000
Chief Magistrate
CurrentlyDuncan Cooke. [1]
Since1 April 2020 [2]

St Helena Magistrates' Court is a Magistrates' Court in Jamestown, Saint Helena, which is part of the British Overseas Territory of Saint Helena, Ascension and Tristan da Cunha. It is a court of summary jurisdiction and one of three courts on the island, the others being the Saint Helena Supreme Court, the Court of Appeal and the Juvenile Court. The Magistrates' Court has jurisdiction to try any offence which carries a sentence of fewer than 14 years imprisonment. [3] The Court can pass a maximum sentence of 18 months imprisonment (or 3 years for more than one offence) when constituted of a bench of Lay Magistrates or 5 years if the case is heard by the Chief Magistrate. [4]

Contents

Criminal jurisdiction

Saint Helena is a British Overseas Territory and follows English law in place prior to 2006, as well as legislation from the local legislature, known as Ordinances. [5] Criminal cases are usually, although not exclusively, investigated by the Saint Helena Police Service and then prosecuted at the court by the Crown Prosecutor. [6] Defendants are entitled to legal representation from a Lay Advocate[ clarification needed ] [7] or from the island's Public Solicitor's Office [8]

Description

The building sits adjacent to the Castle in Jamestown, the capital of Saint Helena. It comprises one courtroom and also houses the Supreme Court. By virtue of its location in the South Atlantic Ocean, more than 2,000 kilometers (1,200 mi) from the nearest major landmass, the court is the most remote courthouse on earth.

See also

Related Research Articles

This article is about the demographics of Saint Helena, Ascension and Tristan da Cunha, a British overseas territory in the south Atlantic Ocean.

The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Justice of the peace</span> Judicial officer elected or appointed to keep the peace and perform minor civic jobs

A justice of the peace (JP) is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.

<span class="mw-page-title-main">Parishes and dependencies of Antigua and Barbuda</span>

Antigua and Barbuda is an island nation made up of: Antigua island which is divided into six parishes; and of the two dependencies of Barbuda island and Redonda island.

<span class="mw-page-title-main">Judiciary of Hong Kong</span> Law courts in the special administrative region of China

The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in the criminal legal system of England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

<span class="mw-page-title-main">Anthony Joseph Scirica</span> American judge

Anthony Joseph Scirica is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit.

<span class="mw-page-title-main">District court (Scotland)</span>

A district court was the least authoritative type of criminal court of Scotland. The courts operated under summary procedure and dealt primarily with minor criminal offences. The district courts were administered by the district councils established under the Local Government (Scotland) Act 1973. Following the passage of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 by the Scottish Parliament, the Scottish Ministers abolished the district courts and transferred their functions to the justice of the peace courts, which are administered by the Scottish Courts and Tribunals Service and subject to the authority of the Lord President of the Court of Session.

<span class="mw-page-title-main">Royal Saint Helena Police Service</span>

The Royal Saint Helena Police Service, formerly the Saint Helena Police Service, is the local police force for the British overseas territory of Saint Helena, Ascension and Tristan da Cunha, consisting of the South Atlantic islands of Saint Helena, Ascension and the island group of Tristan da Cunha.

<span class="mw-page-title-main">Magistrates Court of the Australian Capital Territory</span>

The Magistrates Court of the Australian Capital Territory is a court of summary jurisdiction that deals with the majority of criminal law matters and the majority of small civil law matters in the Australian Capital Territory, the Jervis Bay Territory and the Australian Antarctic Territory.

A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain barristers.

<span class="mw-page-title-main">Federation of Pakistan Chambers of Commerce & Industry</span>

Since its inception in 1950, Federation of Pakistan Chambers of Commerce & Industry (FPCCI) has advocated and voiced the collective opinion, concern and aspiration of the private sector and offered helpful advice and solid assistance to the Government in its efforts to promote exports, encourage foreign investment and stimulate economic activity in the country. The FPCCI has its fingers on the pulse of the economy and serves as a bridge between the private sector and the Government.

<span class="mw-page-title-main">Solicitor General of the Philippines</span> National law officer

The Office of the Solicitor General of the Philippines, formerly known as the Bureau of Justice, is an independent and autonomous office attached to the Department of Justice. The OSG is headed by Menardo Guevarra.

<span class="mw-page-title-main">LGBT rights in Saint Helena, Ascension and Tristan da Cunha</span>

Lesbian, gay, bisexual and transgender (LGBT) rights in the British Overseas Territory of Saint Helena, Ascension and Tristan da Cunha have gradually evolved over the years. Discrimination on the basis of sexual orientation is banned in the entire territory through the Constitution Order 2009 and same-sex marriage has been legal on the islands since 2017.

<span class="mw-page-title-main">Politics of Saint Helena, Ascension and Tristan da Cunha</span> Political structure of UK overseas territories

The politics of Saint Helena, Ascension and Tristan da Cunha operate under the jurisdiction of the government of the United Kingdom. The three parts of the territory—Saint Helena, Ascension Island and Tristan da Cunha—effectively form an asymmetric federacy and collectively constitute one of United Kingdom's fourteen overseas territories.

<span class="mw-page-title-main">Judiciary of Solomon Islands</span>

The judiciary of Solomon Islands is a branch of the Government of Solomon Islands that interprets and applies the laws of Solomon Islands, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system is derived from chapter VII, part II of the Constitution, adopted when the country became independent from the United Kingdom in 1978. The Constitution provided for the creation of a High Court, with original jurisdiction in civil and criminal cases, and a Court of Appeal. It also provided for the possibility of "subordinate courts", with no further specification (art.84).

Same-sex marriage in Saint Helena, Ascension and Tristan da Cunha has been legal since 2017. An ordinance to open marriage to same-sex couples in Saint Helena was passed by the Legislative Council in a 9–2 vote on 19 December 2017. It went into force the following day, and the first same-sex marriage was performed on 31 December 2018. Same-sex couples have also been able to marry on Ascension Island since 1 January 2017 and in Tristan da Cunha since 4 August 2017.

<span class="mw-page-title-main">Paddy McGuinness (civil servant)</span> British civil servant

Patrick Joseph McGuinness is a former senior British civil servant who now advises businesses and governments globally on their resilience, crisis, technology, data and cyber issues.

Howard Charles Fraser Riddle. is a retired British judge who was the Senior District Judge for England and Wales. He was appointed to that office in 2010.

References

  1. "Judicial".
  2. "Public Solicitor Appointed Chief Magistrate – the Public Solicitor Office".
  3. https://www.sainthelena.gov.sh/wp-content/uploads/2020/07/Magistrates-Court-Ordinance-Updated-030720.pdf [ bare URL PDF ]
  4. https://www.sainthelena.gov.sh/wp-content/uploads/2020/07/Magistrates-Court-Ordinance-Updated-030720.pdf [ bare URL PDF ]
  5. "Laws of St Helena".
  6. https://www.sainthelena.gov.sh/wp-content/uploads/2017/11/Criminal-Procedure-Ordinance.pdf [ bare URL PDF ]
  7. https://www.sainthelena.gov.sh/wp-content/uploads/2013/01/Lay-Advocates-Ordinance.pdf [ bare URL PDF ]
  8. "About the Public Solicitor's Office – the Public Solicitor Office".