1. The Magistracy:
In examining the proposals relating to the role of the Magistracy in the functioning of the CCJ, the following were noted:
(a) The Magistrates will be required to make referrals to the CCJ in its Original Jurisdiction as it relates to the interpretation and application of the Revised Treaty of Chaguaramas;
(b) It was submitted that a working knowledge of the Revised Treaty should be part of continuing legal education for Magistrates;
(c) It has been further proposed that a Co-ordinating Committee of Regional Magistrates be established to deal with matters which will enhance the operation of the legal system such as the CCJ, including consideration of a regional magistracy and legal education;
(d) It was agreed that the Magistrates could encourage an appreciation for the CCJ by speaking at public functions on the CCJ. Brochures on the CCJ can be displayed at convenient locations within the environs of the Court;
(e) It has been strongly recommended that the title of persons in the Lower Court should reflect the functions of the Office. The recommendation is that the name be changed to District Judge;
(f) The Meeting believes that the CCJ could provide the financing for further education and development and there should be the establishment of a cohesive group of Magistrates that would examine the developmental and educational needs of the Magistracy;
(g) The Meeting agreed with the conclusion of the Council of Legal Education that programmes to study and develop Caribbean jurisprudence should take full account of the Civil Law Jurisdiction and institute further distant learning for Magistrates;
(h) It has been further recommended that the resources should be made available to Magistrates to ensure their own operation including the use of paper committals and technology to improve their work;
(i) There should be a unanimous decision that Magistrates should be appointed on the same security terms as judges and the human resources developed at the Magistracy should be utilised in the appointment of Judges; and
(j) The Meeting urged that the employment of Magistrates on contract is not desirable.
2. Caribbean Court of Justice, Project Co-ordinating Unit:
The Meeting recommended:
(a) The CCJ Project Co-ordinating Unit's project for harmonising legal education in Civil and Common Law jurisdictions be placed on the fast track;
(b) The Preparatory Committee for the Establishment of the CCJ and the Legal Affairs should revisit the Provisions of Article 14 of the Agreement Establishing the CCJ to determine whether it gives sufficient avenue for individuals to refer matters for the consideration of the Court; and
Finally, the Meeting supported the initiative to re-establish the retirement age of Judges of the CCJ to 75 years.
This conference marked the second in a series of Public Education Programme for 2003, coordinated by the Caribbean Court of Justice, Coordinating Unit, CARICOM Secretariat
