the draft constitution of the commonwealth of grenada

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Functions and procedure of Commission Staff Expenses 105.(1) The Commission shall perform such functions as are conferred on it by the Supreme Court Order or any other law for the time being in force in Grenada. (2) The Commission may by regulation or otherwise regulate its own procedure and confer powers and impose duties on any officer or authority of the Government of Grenada for the purposes of the exercise of its functions: Provided that, except in the case of an officer of the High Court, no such powers or duties shall be conferred upon any officer in the public service of Grenada without the consent of the Prime Minister of Grenada. 106. The Commission may employ such officers as are necessary for the purpose of the exercise of its functions as the Chairman with the concurrence of the Prime Ministers and Premiers of all the States and Territories may appoint. 107. The members of the Commission, other than the Chief Justice and the Justice of Appeal or Puisne Judge, shall be paid such remuneration as the Chief Justice may, with the concurrence of the Prime Ministers and the Premiers of all the Member States and Territories, prescribe; and the Governments of the Member States and Territories shall, except as otherwise provided by agreement amongst themselves, contribute in equal proportions to the expenses of the Commission; and the sums that are required by virtue of this section to be paid by the Government of Grenada are hereby charged on the Consolidated Fund of the State. PART VI THE MAGISTRACY Establishment of the Magistracy Appointment of the Chief Magistrate and other Magistrates 108.(1) There shall be a Magistracy of the Commonwealth of Grenada which shall be a system of Magistrates’ Courts established by Parliament, and which shall have such jurisdiction, powers and authority as may be conferred on it by this Constitution and any other law of Grenada. (2) The Magistracy shall be presided over by a Chief Magistrate and such other number of Magistrates as Parliament, acting on the advice of the Chief Justice and the Judicial and Legal Services Commission, may make provision for their appointment. 109.(1) The Chief Magistrate and the Magistrates shall be appointed by the President, acting on the advice of the Judicial and Legal Services Commission. (2) A person shall not be qualified to be appointed Chief Magistrate unless– (a) he or she has been for a period or periods amounting in the aggregate to not less than 5 72
(b) years a magistrate or judge of a court of such jurisdiction in civil and criminal matters in some part of the Commonwealth Caribbean or of the Commonwealth of Nations; and he or she is qualified to practise as an advocate in such a court or in a court of unlimited jurisdiction, and has so practised, for a period of, or periods amounting in the aggregate to, not less than 10 years. (3) A person shall not be qualified to be appointed as a Magistrate unless he or she is qualified to practise as an advocate in such a court, or in a court of unlimited jurisdiction, and has so practised, for a period of, or periods amounting in the aggregate to, not less than 5 years. Independence of the Magistracy Removal of Chief Magistrate and other Magistrates 110.(1) The Magistracy shall be independent and be subject only to this Constitution and the other laws of the Commonwealth of Grenada, when adjudicating any matter arising under this Constitution and these laws. (2) The Magistracy shall have such jurisdiction in civil and criminal matters as may be determined by law. (3) (i) Where any question as to the interpretation of this Constitution arises in a Magistrate’s Court and that Court is of the opinion that the question involves a substantial question of law, the Magistrate’s Court shall refer the question to the High Court. (ii) Where any question is referred to the High Court in pursuance of this subsection, the High Court shall give its decision upon the question and the Magistrate’s Court in which the question arose shall dispose of the case in accordance with that decision, or if the decision is the subject of appeal to the Court of Appeal or to the Caribbean Court of Justice, in accordance with the decision of the Court of Appeal or, as the case may be, the Caribbean Court of Justice. 111.(1) The Chief Magistrate or any other Magistrate shall hold office during good behaviour and for such period as may be specified in the instrument by which he or she is appointed. (2) The Chief Magistrate or any other Magistrate may be removed from office only for inability to perform the functions of the office, whether arising from illness or any other cause or for misbehaviour, and shall not be removed except in accordance with the following provisions of this section. (3) The Chief Magistrate or a Magistrate may be removed form office if the Prime Minister represents to the Chief Justice and the Judicial and Legal Services Commission that the 73
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THE DRAFT CONSTITUTION OF THE COMMO
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(d) (e) (f) (g) (h) (i) freedom in
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(8) A person who is tried for a cri
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(c) (d) (e) (f) (g) (h) (i) (j) for
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the draft constitution of the commonwealth of grenada

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