Photo: Guyana Supreme Court of Judicature - High Court
Vestiges of a Dutch legal system remain, particularly in the area of land tenure. However, the common law of Britain is the basis for the legal system of Guyana.
In May 1966, Guyana gained independence from Britain and soon thereafter in the early 1970's enacted Constitutional, judicial and legislative and legislative reforms, abolishing appeals to the Privy Council in the U.K. The Guyana Court of Appeal then became the final tier in the then three tier hierarchy, with the Magistrate's Court at the lowest ring and the High Court of the Supreme Court of Judicature following.
In early 2005, another Legislative amendments were made to allow Guyana's accession to the Caribbean Court of Justice as its final Court of Appeal.
The constitution secures the tenure of judicial officers by prescribing their age of retirement (sixty-two or sixty-five), guaranteeing their terms and conditions of service, and preventing their removal from office except for reasons of inability or misconduct established by means of an elaborate judicial procedure. These constitutional arrangements are supplemented by statutory provisions that establish a hierarchy of courts through which the individual under scrutiny may secure enforcement of his civil and political rights.
As mentioned earlier the lower courts, known as magistrates' courts, have jurisdiction in criminal cases and civil suits involving small claims. The High Court has general jurisdiction in both civil and criminal matters. Criminal cases are always tried by a jury of twelve persons, whilst appeals of High Court rulings go to the Court of Appeal.
Any person in Guyana has the right to bring charges involving a breach of criminal law. In practice, the police as the official law enforcement body generally institute and undertake criminal prosecutions. Traditionally, the Director of Public Prosecution exercises supervisory authority over all criminal prosecutions.
The Chancellor has overall responsibility for the administration of justice in Guyana and the Chief Justice is the senior judge of the High Court.
The President in conjunction with the Opposition Leader appoints the Chancellor and Chief Justice. The President who shall act in accordance with the advice of the Judicial Service Commission shall appoint all other judges.
The Judiciary comprises a Magistrate’s Court for each of the ten regions and a Supreme Court consisting of a High Court and a Court of Appeal. Statutory provisions that establish a hierarchy of courts through which the individual under scrutiny may secure enforcement of his civil and political rights supplement constitutional arrangements.
The lower courts, known as the magistrate’s court, have jurisdiction in criminal cases and civil suits involving small claims.
The High Court consists of the Chief Justice as President of the Court supported by several Puisne Judges. The court has general jurisdiction in both civil and criminal matters. Appeals from the High Court rulings go to the Court of Appeal.
The Guyana Court of Appeal, which was established in 1966 and consists of the Chancellor as President of the Court assisted by the Chief Justice and several Justices of Appeal.
The Final Court of appeal is the Caribbean Court of Justice based in Trinidad and Tobago.
Below are a selection of free online websites which can be used to access decisions of the Guyana Judiciary.
The Faculty of Law Library offers access to the Guyana Judiciary decisions from various databases:
The Faculty of Law Library houses unreported judgments for all Commonwealth Caribbean jurisdiction dating back from early 1950s. To access these printed unreported judgments, persons are invited to visit the Library during opening hours to make a request.
The Library also has a collection of reported judgments, which are held in official law reports and elsewhere.
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Please note that the contents of this guide are provided strictly for individual, non-commercial, academic/educational, reference and/or research use and do not constitute legal advice. This guide does not substitute an individual's right to do their own research. Persons seeking legal advice should consult a practising attorney-at-law in their jurisdiction.
The information of this guide was compiled using open sources such as official websites and other resources.
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