Page 581 - Magistrates Conference 2019

The magistrates’ duties to the court is confined wholly to mitigating the possibility of an
abuse of process; the magistrates’ powers do not extend to supervisory prerogatives and

upholding the rule of law which are exercised solely by the Justices in the High Court.

Thus, based on the cases, magistrates have jurisdiction to abuse of process applications for
the following:

a. abuse complaints directed at the propriety or fairness of the trial process or
procedure;

b. abuse complaints concerning mala fides of the prosecution, or investigations into
whether the prosecution had been instituted oppressively or unfairly;

c. delay; and

d. in cases of alleged unfair manipulation of court procedures.

Magistrates do not have jurisdiction in instances of an abuse of process by the police,

prosecution authorities or governmental officials pursuant to ulterior motives or wrongful
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purposes in violation of international law and for fundamental human rights .

What are the minimum requirements for a fair trial?

Magistrates are responsible for preliminary inquiries, all summary offences, road traffic

22
offences and extradition hearings . To ensure that a fair trial is being conducted, the
following are the minimum requirements magistrates should be mindful of:-

a. The defendant understands the proceedings and the charge being read to him or her
proceedings. The magistrate must be satisfied that the defendant where the defendant

has given a guilty plea, know that he or she was wrong by the act or omission of the

offence.

b. The defendant understands what defences or remedies are available to him or her

where applicable.

21 Abuse of Process in Criminal Proceedings Fourth Edition, David Young, Mark Summers QC, David Corker,
Bloomsbury Professional Limited, 2014 pg 388
22 This list is not exhaustive.