Back in 1992 I had just finished my legal studies and returned to Anguilla, fresh and eager to experience the “real” legal world. I joined the Attorney General’s Chambers and thus commenced one of the most beneficial and enjoyable periods of my legal career. In those days the Chambers was very small. There were only four lawyers: the Attorney General Kurt de Freitas, the Senior Crown Counsel Patrick Patterson, a legal draftsman from Sri Lanka and myself as Crown Counsel.

There was a tremendous amount of work, but it was a very relaxed and stimulating environment. On any given day I researched and worked on several pieces of advice for various Government Departments, as well as dispensed ad hoc advice over the phone or in meetings. I also found myself becoming an expert legal draftsman, as all of the lawyers had to pitch in and assist the legal draftsman with his weighty and onerous task. Then there were the court matters to be dealt with, mostly criminal cases but a few civil matters here and there. All in all, it was a well rounded experience and one that I would recommend to any young lawyer who wants to start their career on a solid footing.

The Magistrate in those days was Dr Haynes Blackman, a Barbadian who had been my Criminal Law tutor at the Faculty of Law at Cave Hill, Barbados. Dr Blackman was of the old school and dispensed justice with a very firm and stern hand. I appeared before him several times, usually with Preliminary Inquiries, and always found him to be helpful to young Counsel but a stickler for detail.

When Dr Blackman went on vacation one of my tasks was to fill in for him as Acting Magistrate. It always amazed my contemporaries in other Caribbean Islands that young lawyers in Anguilla were afforded such opportunities. This too was an enlightening experience and one that helped me to mature and to develop the confidence which young lawyers must either possess naturally or quickly acquire. Seeing things from the opposite side of the bench helped to shape and sharpen my ability to quickly grasp complex legal scenarios. The responsibilities were very weighty, because Dr Blackman’s philosophy was not to oversee and limit what went on while he was away. In other words, when I sat in his chair I was the magistrate, with all the powers, duties and responsibilities of the post. I was not expected to merely adjourn cases until the substantive magistrate returned, but was expected to try cases and get on with the job.

The Magistrates Court is one of summary jurisdiction, which means that justice is dispensed quickly and without the formalities and long drawn out processes in the High Court. As such, a magistrate must be on his or her toes because decisions must often be handed down swiftly. However, this does not mean that a magistrate can ignore legal principles or procedure, because these apply in the same way as in the superior courts. I therefore took on board another piece of advice from Dr Blackman: “The adjournment is a powerful tool”. So on those occasions where more time is needed in order to come to a carefully considered decision, there is nothing wrong in taking a short adjournment in order to research the law more fully.

The Magistrates Court deals with a vast range of matters. It handles civil claims up to EC$15,000 and has jurisdiction over a host of miscellaneous matters such as child support cases and liquor licenses. The magistrate also acts as the coroner who is responsible for dealing with unnatural deaths. However, one of the most important responsibilities of the court is its criminal jurisdiction. It deals with a multitude of minor and not-so-minor criminal cases, from traffic offences to assaults to disorderly conduct to possession of illegal drugs, etc. Each week it is unfortunate to see the long list of persons charged with offences by the police, which is a reflection of the on-going deterioration of values and morality in our society.

Another aspect of the court’s criminal jurisdiction is the fact that it is also the first stop for more serious crimes such as murder and rape. When a person is charged with such a crime, a preliminary inquiry must be held before the magistrate in order to determine whether there is enough evidence to merit sending the case to the High Court for trial before a jury.

During my time, a number of distinguished local and other lawyers appeared before me. One case which I always remember involved the late Lee Moore of St Kitts, who appeared for a person charged with assault. I found the defendant guilty, but because of circumstances of provocation imposed the lightest possible sanction. After the case he privately complimented me on the decision and said that it was the exact sanction that he would have imposed.

I established a zero tolerance policy for drug offences, which I viewed in a very negative light. Instead of handing down a prison sentence, I found it far more useful to hit offenders where it hurt most – in their pockets. I therefore made it a practice to hand out a stiff fine in such cases.

One of the more enjoyable aspects of my acting post was to perform marriages, usually for visitors to the island. I sometimes wonder whether the persons whom I joined in holy matrimony are still together today!

In those days the Magistrate was also the Registrar of the High Court, which again was a source of invaluable experience for me. Today we have a much more sophisticated Judicial Department, with the roles of Registrar and Magistrate being performed by different persons.

There have been a long line of distinguished magistrates, going back to Don Mitchell QC and in more recent times Lolita Ifil-Davis, Homer Richardson and Birnie Stephenson-Brooks. Magistrates perform an invaluable public service, which deserves recognition and appreciation.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, The Babrow Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.

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