Justice in Bermuda

The Court System

Juvenile Court Coroner’s Court Magistrate’s Court Supreme Court Court of Appeals Privy Counsel

The Six courts

Hierarchy of the Courts

Privy Counsel

Supreme Court Coroner’s Court

Magistrate’s Court

Court of Appeal 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.

Role of Juvenile 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.

Role of Coroner’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

Role of Magistrate’s 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.

Role of Supreme Court

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.

Role of THE Court of Appeal

Meets in England

Hears cases that are being appealed from the Court of Appeals

Role of Privy Counsel

Judge Jury Lawyers (Defense and Crown a.k.a.

Prosecutions) Plaintiff Defendant Bailiff Attorney General The Court Recorder Witnesses

Important People in the courts

Maintains order during the trial Secures a fair trial Instructs the jury as necessary Determines the sentence

Role of the Judge

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.

Role of the Jury

18-65 years old, registered voter, literate in English & of good standing character.

36 jurors are selected at a time to be available for two 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”

JURY (Qualifications)

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

The Plaintiff

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

The Defendant

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.

Counsel for the Defense

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.

Counsel for the Prosecution

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.

Role of the Attorney General

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.

How Court Officers are Appointed

The sentence is imposed by the judge.

The sentence issued must follow guidelines set down by statutes which give a minimum and maximum sentence.

Sentencing in the courts

Felonies-are major crimes such as…

murder, manslaughter, robbery, and civil matters

Misdemeanors-are minor crimes such as…

theft, bodily harm, and assault

Types of Crimes