The Public Defender of Jamaica

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The Public Defender of Jamaica

The role of the Public Defender in Jamaica should not be confused with that of the

American office of the same name. In Jamaica, the Public Defender acts on behalf of persons

against whom a wrongful act has been committed by a government agency or department.

Importantly also, the Jamaican Public Defender does not go to court to address these wrongs.

The Public Defender’s ffice in the !nited "tates #!"$ defends poor persons charged with

serious criminal offences. The Jamaican office on the other hand, does not represent any

complainant in any court or tribunal. It see%s recourse for the person against whom it was proven

that a wrongful act was committed at the hands of a government agency or department. In order

to effectively carry out his mandate, the Public Defender has the legal power to e&amine any

document belonging to any government authority.

'stablished in ()*) as the ffice of the Parliamentary mbudsman, to investigate and

remedy complaints of bad administration by the Jamaican government, its agencies or

departments, the name was changed to the ffice of the Public Defender #PD$ on April (+,

---, and given an additional responsibility. The original urisdiction was e&tended to cover

constitutional violations by the state as well, therefore, the obligation of the office is to address

both administrative/social as well as constitutional violations.

The office is staffed by a 01member team, which includes Deputy Public Defender

Director of Investigations and four investigators, who are responsible for clearing a yearly

average of *-- cases.

In terms of recourse for those who have been wronged, this can ta%e the form of

monetary compensation or letters of apologies. This right for compensation is not e&clusively


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that of Jamaican nationals. Any national can file a case with the Public Defender, as long as the

alleged wrong occurred on Jamaican soil.

There are no charges for services provided by his office. '&amples of bad administration

for which complaints can be made to the Public Defender include2 delayed or protracted service,

unfair/unust treatment, unprofessional or improper service delivery, the use of faulty systems

and disregard of operational rules.

How to make a complaint

The PD operates as an independent entity that ensures government transparency,

responsibility and deeper democracy. 3efore a case is brought to the office, a complaint should

first be made to the head of the alleged offending department. If nothing is done about that

complaint, then the office may be contacted in writing. The individual or group does not have to

physically visit the office to ma%e the complaint. The complainant’s name and address, the name

of the alleged offending authority, the facts surrounding the complaint, and the date of the

offence committed, should be included in the letter.

How investigations are pursued

The office will in turn, ac%nowledge the complaint in writing and assigns an investigator

to the case.

4hilst any person or group of persons can ma%e a complaint, the PD will first verify

the grouse with the government agency or department against which the case is being pursued.


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This is why it is important to name the offending party, since the Public Defender will also write

to the named department or person.

!pon receiving a letter from the Public Defender, the government agency or department

and the specific person#s$ named by the complainant if any, is then given the opportunity to

present their side.

The investigator then ma%es a report on his findings to the Director of Investigations.

This is then given to the Public Defender, who analyses the findings and ma%es his own report, a

copy of which is then given to the complainant, the government agency or department and the

person#s$ named in the complaint.

If the investigations disclose that a crime may have been committed, then the Public

Defender may direct the case to the Director of Public Prosecutions, who then decides if

someone should be charged or ta%en to court.

In these instances, the Public Defender only comes bac% into the picture to settle

monetary compensation. 5e does not go to prosecute on behalf of the complainant. 4hile it may

ta%e anywhere from one wee% to years for a complete investigation, the average turnover rate is

between three and si& months.

Recommendations of the Public Defender

Depending on the nature of the case, the Public Defender may recommend either of the

following2 that the complaint be re1e&amined6 that any faulty rules or laws, which gave rise to

the complaint be changed6 that some form of compensation be given, whether monetary or letter

of apology6 or that a person who has bro%en rules or behaved badly should be disciplined.


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If it is deemed that the government authority has not ta%en sufficient steps regarding the

recommendation#s$, then the Public Defender may ma%e a special report to Parliament.

Aside from the special report that may be deemed necessary in some cases, the Public

Defender gives a yearly report to Parliament.

1 JI" 7ews, 8arch (, --9 #edited$

Documents

The Public Defender of Jamaica