Citation of Acts of Parliament Act

PRACTICE DIRECTION No. 5D OF 2020 CAYMAN JUDICIAL ADMINISTRATION CASE MANAGEMENT SYSTEM (JEMS) CRIMINAL REGISTRY ELECTRONIC FILING OF TICKETS FROM THE DEPARTMENT OF COMMERCE AND INVESTMENT OBJECTIVE: To receive and register electronically delinquent ticketable offences from the Department of Commerce and Investment (DCI) within (48) forty-eight hours of every ticket that remains unpaid. JEMS is the Judicial Administration’s Electronic Management System; it allows for electronic filing and viewing of documents stored in the system to authorised users. BENEFITS:  Allow ticket to be viewed conveniently on JEMS.  To ensure timely receipt of tickets.  Reduce attendance of Field officers from DCI at front counter filing tickets. INDEX

System or User Errors AUTHORITY Electronic filing of DCI tickets is conducted by lodging tickets with the Criminal Registry of Judicial Administration in accordance with templates established by the Clerk of Courts with the approval of the Chief Justice and the DCI. EFFECTIVE DATE The Electronic filing of the DCI tickets described below has been effective from the 1st September 2015 until further order. ELECTRONIC FILING A. The Clerk of Courts hereby authorizes the filing electronically of tickets described in B below. From time to time, additional documents may be authorised to be processed in this way. Documents filed previously in the conventional manner will be scanned and included in the electronic case file. B. The following may be filed electronically: Fixed penalties tickets Summonses that relate to: (a) Summary Court METHOD OF FILING Method 1 – Delinquent tickets  DCI to scan delinquent ticket and summons to Judicial Administration in accordance with the template through FTP Server by scanning the items in B above to a folder identified on the judicial administration system within (48) forty-eight hours. o The court has responsibility to schedule the tickets for mention on the following first available mention Tuesday.)  Criminal Registry staff will check ticket folder each working day before 9am and print ticket for registration.  DCI ticket must include the date of birth (only if the ticket is in the name of a business, the date of birth will not be required).  As soon as practicable after receipt of a Delinquent ticket and summons, documents are to be registered into JEMS.  Upon registration a court date will be fixed and copy of ticket and summons will be provided to the Office of Public Prosecution.  A copy of the summons will also be issued to RCIPS for service on the company/defendant. Method 2 – Not Guilty plea entered  Where a “not guilty” plea is entered, the company or individual within 28 days must notify the Summary Court. o Notification by company or individual of not guilty plea should be scheduled by the Registry for the first mention Tuesday.  Ticket is registered and a Court date is provided to the Company or individual. Ticket and summons for Court date are sent to the Office of Public Prosecution.  Criminal Registry staff will check ticket folder each working day before 9am and upload any tickets to JEMS (there is an accompanying “how to” document for Registry staff);  In sending the ticket, DCI ticket must include the date of birth (except of course if the ticket is in the name of a business, date of birth will not be required). Tickets will be rejected without a date of birth.  As soon as practicable after delinquent and “not guilty” tickets are e-filed, tickets are to be entered in JEMS.  Delinquent tickets and “not guilty” tickets after registration will be returned to DCI and ODPP by e-filing.  Criminal Registry staff will print the ticket, date stamp it and create a file for the Court. SYSTEM OR USER ERRORS Inevitably problems will arise in using this system. Judicial Administration is committed to working with other subscribers to maximize the benefits of electronic filing and will do all that it can to support subscribers in implementing this procedure. If a problem appears to arise from the technical operation of the JEMS system or the scanning process, it will be referred initially to the Court Administrator for onward transmission to the Judicial Administration Network and IT Manager. Unless exceptionally urgent, there should be a written description of the problem. If a problem arises from the receipt or management of documents filed under this procedure, the primary point of contact for Judicial Administration will be the Supervisor of the Criminal Registry or, in their absence, the Deputy Clerk of Court. In the event that a problem arises that cannot be resolved immediately for a ticket to be e-filed, the DCI will revert to the submission of tickets by hand to the criminal registry but must call the criminal registry beforehand for an appointment. Kevin McCormac Court Administrator July 2015 Reissued as updated on 6 April 2020.