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 Defenders Office in the United States (US) 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 seeks 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 examine any
document belonging to any government authority.
Established in 1979 as the Office of the Parliamentary Ombudsman, to investigate and
remedy complaints of bad administration by the Jamaican government, its agencies or
departments, the name was changed to the Office of the Public Defender (OPD) on April 13,
2000, and given an additional responsibility. The original jurisdiction was extended 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 24-member team, which includes Deputy Public Defender
Director of Investigations and four investigators, who are responsible for clearing a yearly
average of 700 cases.
In terms of recourse for those who have been wronged, this can take the form of
monetary compensation or letters of apologies. This right for compensation is not exclusively

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. Examples of bad administration
for which complaints can be made to the Public Defender include: delayed or protracted service,
unfair/unjust treatment, unprofessional or improper service delivery, the use of faulty systems
and disregard of operational rules.
How to make a complaint
The OPD operates as an independent entity that ensures government transparency,
responsibility and deeper democracy. Before 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 make the complaint. The complainants 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, acknowledge the complaint in writing and assigns an investigator
to the case.
Whilst any person or group of persons can make a complaint, the OPD will first verify
the grouse with the government agency or department against which the case is being pursued.

This is why it is important to name the offending party, since the Public Defender will also write
to the named department or person.
Upon 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 makes a report on his findings to the Director of Investigations.
This is then given to the Public Defender, who analyses the findings and makes 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 taken to court.
In these instances, the Public Defender only comes back into the picture to settle
monetary compensation. He does not go to prosecute on behalf of the complainant. While it may
take anywhere from one week to years for a complete investigation, the average turnover rate is
between three and six months.
Recommendations of the Public Defender
Depending on the nature of the case, the Public Defender may recommend either of the
following: that the complaint be re-examined; that any faulty rules or laws, which gave rise to
the complaint be changed; that some form of compensation be given, whether monetary or letter
of apology; or that a person who has broken rules or behaved badly should be disciplined.

If it is deemed that the government authority has not taken sufficient steps regarding the
recommendation(s), then the Public Defender may make 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.
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JIS News, March 1, 2006 (edited)