St Helena Magistrates' Court

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]

St. Helena Magistrates' Court
St Helena Courthouse in 2021
Map
15°55′29.9″S 5°43′04.8″W / 15.924972°S 5.718000°W / -15.924972; -5.718000
JurisdictionSaint Helena
LocationJamestown, Saint Helena, STHL1ZZ
Coordinates15°55′29.9″S 5°43′04.8″W / 15.924972°S 5.718000°W / -15.924972; -5.718000
Chief Magistrate
CurrentlyDuncan Cooke.[1]
Since1 April 2020[2]

Criminal jurisdiction edit

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 edit

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 edit

References edit

  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".