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CIPRIANI COLLEGE OF LABOUR AND

CORPORATIVE STUDIES

SECURITY ADMINISTRATION AND MANAGEMENT

LAW 120

Lecture 2

The Operation of the Court Structure in Trinidad and Tobago

Court system of Trinidad and Tobago follows the UK model (Westminister System);

PRIVY COUNCIL

SUPREME COURT OF JUDICATURE

Court of Appeal + High Court

MAGISTRATE’S COURT (lower judiciary)

Existing alongside this structure is, the Industrial Court and

Tribunals which exercise legal authority

Trinidad and Tobago has a traditional common law legal system similar to that of the United

Kingdom based on statutes enacted by the Trinidad and Tobago Parliament and the application

of English common law principles. The doctrine of precedent applies and judgments of the

Supreme Court of Judicature of Trinidad and Tobago and of the Judicial Committee of the Privy

Council are binding while those of the United Kingdom and the Commonwealth are highly

persuasive.

Enforcement of Legal Judgments

The enforcement of foreign judgments is based on the Judgment Extensions Act which provides

for reciprocal enforcement of judgments of superior courts of the United Kingdom and other

Commonwealth countries by application to register such judgments in the local courts. Where

the Judgment Extensions Act does not apply, it is possible to sue on a money judgment of a

foreign court on the basis that it constitutes a debt.

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The Judiciary

Mission

The Judiciary works towards the resolution of conflict in the society by resolving disputes which

arise out of the operation of laws and involve the application of remedies and the punishment of

offenders.

Vision

The Judiciary of Trinidad and Tobago provides an accountable court system in which timeliness

and efficiency are the hallmarks, while still protecting integrity, fairness, equality and

accessibility and attracting public trust and confidence.

The Judiciary of the Republic of Trinidad and Tobago, headed by the Chief Justice, comprises

the Supreme Court of Judicature and the Magistracy. The Judiciary is the third arm of the State.

As in most democratic countries, the Judiciary is established by the Constitution to operate

independently from the Executive as a forum for the timely resolution of legal disputes between

individuals and bodies including the state.

The Supreme Court of Judicature is made up of The Court of Appeal and the High Court, as is

provided under section 99 of the Constitution which states: “There shall be a Supreme Court of

Trinidad and Tobago consisting of a High Court and a Court of Appeal with such jurisdiction

and powers as conferred on these Courts respectively by this Constitution or any other law.”

The Chief Justice bears overall responsibility for furthering the mission and vision of the

Judiciary, and is in charge of the general administration of justice in Trinidad and Tobago. The

Chief Magistrate reports to the Chief Justice.

The Magistracy

The Magistracy under a Chief Magistrate comprises the Courts of Summary Criminal

Jurisdiction and the Petty Civil Courts. These Courts are established respectively under the

Summary Courts Act. Ch. 4:20, and the Petty Civil Courts Act. Ch. 4:21 of the Laws of Trinidad

and Tobago.

The Magistracy exercises original jurisdiction in relation to summary criminal matters. The

Magistrates’ Courts also facilitate Preliminary Inquiries into serious criminal matters to

determine whether a prima facie case has been established against an accused person before he

or she can be indicted for trial at the High Court Division of the Supreme Court. The Petty Civil

Court Division of the Magistracy deals with civil matters involving small money claims of less

than $15,000.00.

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There are 13 magisterial districts in Trinidad and Tobago:

St George West (covering Port of Spain and environs)

Tunapuna

Chaguanas

Couva

San Fernando

Point Fortin

Arima

Sangre Grande

Princes Town

Rio Claro

Mayaro

Siparia

Scarborough (Tobago)

The Chief Magistrate is supported in these districts by a Deputy Chief Magistrate, 13 Senior

Magistrates, and 42 Magistrates, six of them temporary. More than one Magistrate’s Court

operates in some of these districts. A Clerk of the Peace is attached to each of the courts. The

Courts are also administered by a complement of seven Area Court Managers.

The Supreme Court

The Supreme Court of Judicature is made up of The Court of Appeal and the High Court, as is

provided under section 99 of the Constitution which states: “There shall be a Supreme Court of

Trinidad and Tobago consisting of a High Court and a Court of Appeal with such jurisdiction

and powers as conferred on these Courts respectively by this Constitution or any other law.”

Composition of the Supreme Court

Masters of the High Court have similar jurisdiction to Judges of the High Court sitting in

Chambers, except for matters where statute expressly limits their jurisdiction (such as the

exercise of powers to imprison or to grant interlocutory injunctions).

Legislation amending the Supreme Court of Judicature Act and passed in the Parliament earlier

this year, approved the largest increase to the statutory complement of Judges since the country’s

independence in 1962. The new provisions allow for 36 Judges, an increase of 13 at the High

Court level, and for 12 Judges, up from nine in the Court of Appeal. There are at present three

Masters of the High Court.

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High Court

The High Court, with locations at the Hall of Justice and the Family Court in Port of Spain, San

Fernando and Scarborough, Tobago, exercises original jurisdiction over indictable criminal

matters, family matters, and in civil matters (inclusive of interlocutory applications and informal

motions in Chamber Courts).

In pursuit of a vision of efficiency and timeliness in the administration of justice especially in

light of a perennially increasing workload, the Judiciary has taken steps over the years to seek

increases to its statutory judicial manpower. Along with the progressive increase of Judges from

six to 23 between 1962 and 2003, six temporary Judges were appointed in January 2006 to deal

with the increased court workload. These numbers soon proved to be quite inadequate due to the

inexorable upsurge in the levels of crime in Trinidad and Tobago and the implementation of new

Civil Proceedings Rules in September 2005, both of which increased demands on the Courts

dramatically. As mentioned earlier, an expansion of the High Court Bench to 36 has been

approved by Cabinet.

Court of Appeal

The Court of Appeal has appellate jurisdiction over both the Magistracy and the High Court,

inclusive of the Magisterial and High Court Sections of the Family Court. At present, an appeal

from the Court of Appeal in Trinidad and Tobago lies to the Privy Council as of right, or with the

leave of that Court.

Section 6 (1) of the Act provides for the number of Judges in the Appeal Court in addition to the

Chief Justice who shall be the President of that Court. Justices of Appeal take precedence over

High Court Judges. Justices of Appeal and High Court Judges are ranked depending on their

length of service on the Bench.

The Family Court

The Family Court Pilot was established in 2004 with jurisdiction over specific family matters at

the High Court and Magistrates’ Court levels. The approach to administering justice is less

adversarial and more conciliatory. The court provides support to families while they pursue

litigation.

Prior to the establishment of this court, family disputes were being handled in the same court

environment as criminal matters and regular civil matters. The atmosphere was not conducive to

calm discussion and settlement. It bred combativeness and aggression, was often intimidating,

and left the average litigant feeling alienated from the disposition of his own matter. It was not at

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all helpful in resolving family problems or even recognizing the sensitivity of the issues in

family litigation.

The philosophy of the Family Court is "to encourage the parties to resolve their family disputes

themselves with specialist assistance and support where ever necessary". It is the intent of the

Court to administer justice in family matters in a manner that is less adversarial and more

conciliatory. The purpose is to provide families with support while they seek solutions. For

some, this will mean counseling, for others a process of mediation where alternatives can be

considered. The focus is placed on finding solutions rather than on conflict. The objective is to

encourage parties to formulate their own outcomes when possible, but with the understanding

that the Court will keep the process moving and will make decisions when necessary. It is a

system, which adopts a holistic approach to resolving family disputes and embraces legal,

psychological, social and, material issues. However this court is constantly monitored, and

continues to evolve in its quest to provide the best possible service.

The Family Court offers a range of related support services such as Mediation and Social

Services, which are all located within one building. It is therefore a virtual "one-stop shop" and

multi-door courthouse.

The Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United

Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the

King in Council, it is the highest court of appeal (or court of last resort) for several independent

Commonwealth countries. The panel of judges (typically five in number) hearing a particular

case is known as "the Board".

The Judicial Committee holds jurisdiction in appeals from 31 jurisdictions (including 13

independent nations). Appeal is directly to the Judicial Committee from Trinidad and Tobago,

and also, if the case involves constitutional rights.

The following are members of the Judicial Committee:

a) Justices of the Supreme Court of the United Kingdom (before the establishment of that

court in 2009, the "Lords of Appeal in Ordinary")

b) Other Lords of Appeal (senior judges) from within the United Kingdom

c) Privy Counsellors who are (or have been) judges of the Court of Appeal of England and

Wales, the Inner House of the Court of Session in Scotland, or of the Court of Appeal in

Northern Ireland

d) Judges of certain superior courts in Commonwealth nations, who are appointed Privy

Counsellors for the purpose of sitting in the JCPC

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The bulk of the Committee's work is done by the Supreme Court Justices, who are paid to work

full-time in both the Supreme Court and the Privy Council. Overseas judges may not sit when

certain UK domestic matters are being heard, but will often sit when appeals from their own

countries are being heard.

The CCJ

The Caribbean Court of Justice (CCJ; Dutch: Caribisch Hof van Justitie; French: Cour

Caribéenne de Justice[1]

) is the judicial institution of the Caribbean Community (CARICOM).

Established in 2001, it is based in Port of Spain, Trinidad and Tobago.

The Caribbean Court of Justice has two jurisdictions: an original jurisdiction and an appellate

jurisdiction:

In its original jurisdiction, the CCJ interprets and applies the Revised Treaty of

Chaguaramas (which established the Caribbean Community), and is an international

court with compulsory and exclusive jurisdiction in respect of the interpretation of the

treaty.

In its appellate jurisdiction, the CCJ hears appeals as the court of last resort in both civil

and criminal matters from those member states which have ceased to allow appeals to the

Judicial Committee of the Privy Council (JCPC). As of 2011, Barbados, Belize, and

Guyana have replaced the JCPC's appellate jurisdiction with that of the CCJ.

The CCJ is intended to be a hybrid institution: a municipal court of last resort and an

international court with compulsory and exclusive jurisdiction in respect of the interpretation and

application of the Treaty of Chaguaramas. On the one hand, it is vested with an original and

compulsory jurisdiction with respect to the interpretation and application of the Treaty of

Chaguaramas.

THE INDUSTRIAL COURT

During the period 1960 to 1964, Trinidad and Tobago was plagued by a number of strikes by

workers and lockouts by employers which affected the economy. The Government's answer to

the problem was the Industrial Stabilization Act 1965. This Act was "to provide for the

compulsory recognition by employers of Trade Unions and Organizations representative of a

majority or workers, for the establishment of an expeditious system for the settlement of Trade

Disputes, for the regulation of PRICES OF COMMODITIES, for the constitution of a Court to

regulate matters relating to the foregoing an incedental thereto."

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The Industrial Stabilization Act 1965 was repealed and replaced by the Industrial Relations Act

(IRA) 1972 with effect from 31st July 1972. The Industrial Court is establishment under Section

4(1) of the Industrial Relations Act and consists of two (2) divisions: the General Services

Division and the Essential Services Division. Additionally, there is the Special Tribunal

established by the Civil Service Act, Chapter 23:01. The Special Tribunal consists of the

Chairman of the Essential Services Division of the Industrial Court and two other members of

that Division selected by him\her.

In 2006, the Occupational Safety and Health Division was established within the Industrial Court

for the efficient exercise of its jurisdiction under the Occupational Safety and Health Act 2004

(as amended in 2006).

The Industrial Court is a Superior Court of record with the jurisdiction-

To hear and determine trade disputes;

To register collective agreement and to hear and determine matters relating to the

registration of such agreements;

To enjoin a trade union or other organization or workers or other persons or employer

from taking or continuing industrial action;

To hear and determine proceedings for industrial relations offences under the IRA; and

To hear and determine any other matter brought before it, pursuant to the provisions of

the IRA.

The Industrial Court is also required to deal with matters under:

The Minimum Wages Act Chapter 88:04

The Retrenchment and Severance Benefits Act 1985

The Maternity Protection Act 1998

The Occupational Safety and Health Act (2004)

The Court is comprised of twenty-two (22) Judges, a President-who is the Head of the Court, a

Vice-President, a Chairman, Essential Services Division and nineteen (19) members of Court.

The Members are persons drawn from among the following disciplines:

Persons who are experienced in Industrial Relations

Persons who are economists

Persons who are accountants and

Persons who are attorneys at law with not less than five (5) years standing.

With the exception of the President of the Industrial Court, all judges of the Court are appointed

by instrument of appointment by the President of the Republic of Trinidad and Tobago on the

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advice of the Cabinet. In respect of the President of the Industrial Court, he is appointed by

instrument of appointment by the President of the Republic of Trinidad and Tobago on the

advice of the Chief Justice.

For administrative purposes, the Court is divided into thirteen (13) Divisions. They are:

1. Office of the Registrar

2. Registry-North

3. Sub-Registry-South

4. Office of Economic and Industrial Research

5. Library - North and South

6. Reporters - North and South

7. Information Technology Unit

8. Accounts

9. Office Management

10. Secretarial Unit

11. Human Resource Unit

12. Security Unit

13. Records Management Unit

The staff attached to the above offices are public officers and contract officers. Public officers

are all appointed by the Public Service Commission except the Registrar and Assistant registrar

who are Attorneys, and must be appointed by the Judicial and Legal Service Commission.

TRIBUNALS

A tribunal is like a court. In certain circumstances, if you've done something wrong and you get

caught it's likely you'll be brought before a tribunal, although not all tribunals are there to

determine guilt.

Say, for example, you'd like to join a secret society. That society might convene a tribunal to

determine whether you're worthy of joining. One way to remember tribunal is to focus on

the tri at the beginning of the word. A tribunal is there to "try" a case. A tribunal is a group of

people who oversee a trial. Your mom and dad could be a tribunal. You could also think of it as

the group who oversees their tribe, which is, in fact, where the word comes from.

In Trinidad and Tobago, there are various tribunals for varying situations. One such tribunal is

the Special tribunal convened to deal with matters relating to State employees.

The Special Tribunal

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The Special Tribunal is established by the Civil Service Act, Chap 23:01 . The purpose of the

Special Tribunal is to hear and determine disputes that arise in the Civil Service, Teaching

Service, Prison, Fire and Police Services, the Supplemental Police Service and disputes

concerning Central Bank employees. The composition of the Special Tribunal is provided for in

the IRA. The Special Tribunal consists of the Chairman and two other members of the Essential

Services Division. While the Special Tribunal is not a Division of the Industrial Court it does

exercise the powers and functions the Court possesses in respect of the essential services. The

award of the Special Tribunal is final and binding on the parties.