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Trinidad and Tobago - legal and judicial system Trinidad and Tobago - legal and judicial system
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STRUCTURE OF THE JUDICIARY

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.

 

 

 


 

 


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