Durrant Pate/Contributor

The government is seeking to amend the Judicature (Rules of Court) Act to allow the Director of Public Prosecutions (DPP) to sit on the Rules Committee of the Supreme Court.

The function of the Committee is to make rules that regulate and prescribe the procedure and the practice that are to be followed in Jamaica’s Supreme Court and Court of Appeal. 

As the law stands, the DPP has been excluded from the membership of the Committee, which comprises the Chief Justice, the Attorney General, the Director of State Proceedings, and five attorneys-at-law in private practice that are appointed by the Minister of Justice on nomination by the Bar Council. 

Justice Minister Delroy Chuck, who tabled the bill in the House of Representatives last evening, explained that the Chairman of the Committee has indicated a desire to include the DPP as a member in light of the passing of the Judicature (Appellate Jurisdiction) (Amendment) Act 2021. 

This amendment grants the DPP the right of appeal, and as a result, rules of court are currently being drafted to regulate the procedure necessary for the DPP to exercise the right to appeal. 

Inability of DPP to contribute to preparing rules

He contended that as the DPP is not a member of the Committee, the officeholder is not empowered to make any contribution towards the preparation of these rules of court. 

In addition to the rules of court that are being prepared in respect of the DPP’s right to appeal as well as other rules of court that are being contemplated that may have an impact on the office of the DPP. 

Once such instances relate to the rules on criminal case management and digital audio recording in criminal matters. Similarly, the DPP has no opportunity to offer contributions towards the preparation of these rules of court as a result of the exclusion from the Committee. 

The amendment will also enable the Justice Minister with the power to amend the Schedule of the principal Act by order, subject to affirmative resolution. As it relates to newer and updated pieces of legislation, the inclusion of such a provision facilitates the timely amendment of schedules, especially in matters of urgency. 

The absence of such a provision, Chuck declared, results in a more time-consuming process for the resolution of urgent matters.