The
Constitution of the Republic of Trinidad and Tobago establishes
the Supreme Court of Judicature for Trinidad and Tobago. Chapter
7 Part 1 Section 99 of the Constitution states that "There
shall be a Supreme Court of Judicature for Trinidad and Tobago consisting
of a High Court of Justice and a Court of Appeal with such jurisdiction
and powers as are conferred on these Courts respectively by this
constitution or any other law."
The constitution goes on to provide that the High Court and the
Supreme Court shall be superior courts of record and bestows upon
these courts all the powers of such a court and saves all powers
vested in the Supreme Court immediately before the commencement
of the constitution.
The Chief Justice has overall responsibility for the administration
of justice in Trinidad and Tobago and heads the independent Judiciary
which is one of the three separate arms of the State.
The
Judiciary comprises the higher judiciary (the Supreme Court) and
the lower judiciary (the Magistracy).
The Magistracy is divided into 13 districts. The Supreme Court is
housed in 4 locations:- Port of Spain, the capital city; San Fernando,
the second city; the second island of Tobago, and in the north-western
Trinidadian suburb of Chaguaramas.
The Supreme Court comprises the High Court and the Court of Appeal.
The Magistracy and the High Court exercise original jurisdiction
in civil and in criminal matters. The Magistracy (in its petty civil
division) deals with civil matters which involve sums less than
$15,000.00. It exercises summary jurisdiction in criminal matters
and hears preliminary inquiries in indictable matters and thereby
determines whether a matter is to be held over for trial in the
assizes.
The High Court hears indictable criminal matters, family matters
where the parties are married, and civil matters involving sums
over the petty civil court limit.
Appeals
from the Magistracy and the High Court lie to the Court of Appeal
and Appeals from the Court of Appeal lie to the Privy Council in
England, sometimes as of right and sometimes with leave of the Court.
The
Court of Appeal Judges are referred to as Justices of Appeal and
High Court judges are referred to as either Judges of the High Court
or Puisne Judges.
The Supreme Court Puisne Judges of which there are 20 sit in the
following divisions:-Criminal, civil, and matrimonial. In the civil
division, there are civil open courts and civil chamber courts.
The Masters of the High Court of which there are three, have the
jurisdiction of judges in civil chamber courts save and except certain
areas in which their jurisdiction is expressly limited by statute.