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A Student’s Guide to the Judiciary

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A publication of the Court Protocol & Information Unit 2013

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Table of Contents General Introduction___________________________________________________________ 4 Who we are___________________________________________________________________ 4 Establishment of Courts______________________________________________________________ 5 Structure of the Judiciary_________________________________________________________________ 5 The Hall of Justice_______________________________________________________________________ 6 Supreme Court of Judicature________________________________________________________________ 8 Judges and Judicial Officers of the Supreme Court ___________________________________________ 10 Magistrates___________________________________________________________________________ 11 How Judicial Officers are appointed_______________________________________________________ 11 Qualifications for appointment___________________________________________________________ 11 The High Court________________________________________________________________________ 11 Court of Appeal________________________________________________________________________ 12

What we do__________________________________________________________________ 12 The Supreme Court of Judicature_____________________________________________________ 12 The Appellate (Appeals) Process__________________________________________________________ 12 The Magistracy__________________________________________________________________________ 13 Petty Civil Matters______________________________________________________________________ 13 Criminal Matters_______________________________________________________________________ 13 Family Court_____________________________________________________________________________ 15 Court-Annexed Mediation_______________________________________________________________ 16 The Judicial Committee of the Privy Council___________________________________________________ 17 The Caribbean Court of Justice (CCJ)_________________________________________________________ 17 The Criminal Court Roles________________________________________________________________ 20 Roles of the Supreme Court Staff__________________________________________________________ 25 Drug Treatment Court Pilot______________________________________________________________ 29 Magistrates’ Court Staff__________________________________________________________________ 30 Fun Page_____________________________________________________________________________ 35 Matching Game________________________________________________________________________ 36 Find the Words________________________________________________________________________ 37

Historical Information_________________________________________________________ 38 Chief Justices Past and Present______________________________________________________________ 38 Historical Titbits________________________________________________________________________ 46

Glossary of Terms______________________________________________________________48 Members Of The Supreme Court Of Judicature _________________________________________________ 53

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GENERAL INTRODUCTION All societies have disputes. To assist in resolving these DISPUTES, court structures were established. COURTS help persons and entities who may have disagreements RESOLVE their issues FAIRLY and EQUITABLY while listening to the concerns of everyone. Courts exist to • administer justice, • uphold the right to liberty, • enhance social order, • resolve disputes, • maintain rule of LAW, • provide for equal protection, • ensure due process of law, and, • to ensure that the equality of individuals and the government is reality. In Trinidad and Tobago the Judiciary of the Republic of Trinidad and Tobago is the INSTITUTION or court structure which assists with the resolution of these disputes and other CONFLICTS in society.

WHAT WE DO The Judiciary (as seen in Figure 1 below) is the third arm of the State – distinct from the EXECUTIVE and the LEGISLATURE. The Legislative arm (the Parliament) is responsible for making and approving Laws. They examine, debate, and vote on BILLS (proposed Laws) brought to Parliament. The Executive arm is responsible for DRAFTING and executing the law. The Executive also decides on policies and carries out those policies through government departments. The Judiciary is a defender of the CONSTITUTION it interprets and applies the laws and delivers justice.

President   Head  of  the  State  

Legislature  

1st  arm  of  the  State  

Execu9ve   2nd  arm  of  the  State  

Judiciary   3rd  arm  of  the  State    

Figure The Three (3)State   Arms of the Headed by the President The   Three  1:(3)   Arms   of  the   which   is  hState eaded  which by  the  Pisresident  

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Establishment of Courts The Judiciary like the Legislature and the Executive is established by the Constitution. Chapter 7 Part 1 Section 99 of the Constitution states that“[t]here 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.” This identifies clearly both High and Appeal Courts. The Magistracy which is also part of the Judiciary and includes the Courts of SUMMARY Criminal Jurisdiction and the Petty Civil Courts is established under the Summary Courts Act. Chap. 4:20 and the Petty Civil Courts Act. Chap. 4:21. Our courts have JURISDICTION or AUTHORITY to act based on STATUTE (law), case law and common law. The actions of the Court are guided by written directions called rules. Rules govern how things are done in court.

Structure of the Judiciary The Judiciary is headed by the Honourable Chief Justice. There is a court HIERARCHY meaning some courts have greater authority than others. The higher Judiciary is the Supreme Court and the lower Judiciary is the Magistracy (see Figure 2) this merely means the Supreme Court has greater authority and wider powers than the Magistrates’ Court.

Figure 2: The Court Hierarchy The Courts The Supreme Court comprises the Court of Appeal and the High Court. There are four Supreme Court locations: Port of Spain Hall of Justice and Family Court, San Fernando and Scarborough. The Magistracy headed by the Chief Magistrate is divided into 12 districts. The courts are supported by several administrative departments which all work together to ensure the delivery of justice. Since the Chief Justice has overall responsibility for the Judiciary, all these courts and departments as well as the Chief Magistrate report to his Lordship (the Chief Justice).There is a Department of Court Administration (DCA) which provides much needed support and ensures all courts run smoothly. The units of the DCA include Information Technology, Finance and Accounts, and Human Resources among others.

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Court of A p

peal

Chief Jus tic s of Appe e - President al (exclud ing Chief Justice)

12 Justice

High Cou

rt of Justi

(4 Locatio

ce

ns: Hall o f Justice P OS, Famil San Ferna y Court, ndo & Sca 30Puisne rb orough) Ju d g es,3 Mast 1 Registra ers r, 1 Depu

Magistrac

ty Registr of the High Court, ar, 12 Ass istant Reg istrars

y (12 Dist

ricts, 13 L ocations)

Chief Mag istr 14 Senior Magistrate ate s, 44 Mag istrate

s

Figure 3: The Judiciary Structure & Composition The Hall of Justice The HALL OF JUSTICE is the Headquarters of the Judiciary. Located in Port of Spain north of Woodford Square and East of the Red House, the Hall of Justice was designed to add to the character of downtown Port of Spain and enhance its surroundings without being imposing. The building was specially designed with separate zones for the judges, staff, the public, jury and prisoners to ensure privacy, ease of access and security. The foundation stone was formally laid by Sir Isaac Hyatali, Chief Justice and Mr. Selwyn Richardson, Attorney General and Minister of Legal Affairs on November 1st, 1979. The structure was completed in 1981 and the building was formally handed over in 1985. It is the home of the Supreme Court of Judicature; the Court of Appeal, the Civil and Criminal divisions. Design highlights include the major internal spaces for public access, the Court Hall, which includes the Convocation Hall, trial courts as well as case management courts.

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Did You Know…  

 

Prior to the construction of the Hall of Justice the Supreme Court was housed at the Red House. There were several problems surrounding the use of the Red House as the home of the Supreme Court. It was not a reflection of an Independent Judiciary as Parliament also held sessions at the Red House. There were several other issues as the building was not suitable to the special needs of a Court. Several Chief Justices since Independence lobbied the government to build a Hall of Justice as a home for the Supreme Court.

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Supreme Court of Judicature Judges and Judicial Officers of the Supreme Court JUDGES and JUDICIAL OFFICERS interpret laws and apply them to the facts of each case presented by those who seek the court’s assistance. Justices of Appeal, High Court Judges – also called PUISNE (pronounced puny) Judges, Masters and Registrars are assigned to the various Supreme Courts. They provide RULINGS which are called JUDGMENT, ORDERS or DECISIONS. These are to ensure: (a) the maintenance of law and order to help create a JUST SOCIETY and, (b) the efficient delivery of JUSTICE for the whole society.

Justices of Appeal Justices of Appeal sit in the Court of Appeal and review the decisions, judgments of the lower courts in civil, criminal and family matters when these decisions judgments or orders are appealed.

The Court of Appeal Bench 2013 L- R: Mr. Justice Jamadar JA, Mr. Justice Mendonca JA, Mme Justice Rajnauth Lee JA, Mr. Justice Narine JA, Mr. Justice Archie JA (Chief Justice), Mme Justice Weekes JA, Mme Justice Yorke Soo Hon. JA, Mr. Justice Smith JA, Mr. Justice Bereaux JA. Missing Mr. Justice Moosai JA

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The Role and Function of Judges and Judicial Officers High Court Judges Judges deliver judgments which are legally binding and must be adhered to. If anyone is in disagreement with the rulings or judgments handed down by the High Court Judge they can appeal to the Court of Appeal. The role of the judge in civil matters is to determine both the facts and the law of the matter on a BALANCE OF PROBABILITIES, as there is no jury. The role of the judge in a criminal trial is neither to determine the facts of a case nor the guilt or innocence of the accused, as that task is left to the jury. The judge must guide the jury on the principles of law relating to the case. The JURY must be satisfied beyond a REASONABLE DOUBT that the accused person committed the OFFENCE.

Masters of the High Court MASTERS of the High Court function as Judges in CHAMBERS. At present there are three (3) Masters of the High Court. Similar to Judges, Masters determine pre trial applications brought before them. They also assist Judges in assessing DAMAGES in cases.

Registrar of the High Court The REGISTRAR is also the MARSHAL ofTrinidad andTobago and EX OFFICIO (by virtue of holding the office of Registrar) Justice of the Peace and Commissioner of Affidavits. Registrars preside in the Registrars’ CHAMBER courts in which APPLICATIONS (requests of the court) are heard and determined. They deal with TAXATION matters; SUMMONS to settle the Records of Appeal, Judgment Summonses, and Workmen’s Compensation matters among others.

Registrar and Marshal of the Supreme Court, Ms. Marissa Robertson Key words to remember in this section: DISPUTES

COURTS

RESOLVE

FAIRLY

EQUITABLY

LAW

INSTITUTION

CONFLICTS

EXECUTIVE

LEGISLATIVE

BILLS

DRAFTING

CONSTITUTION

SUMMARY

JURISDICTION

AUTHORITY

STATUTE

HIERARCHY

HALL OF JUSTICE

JUDICIAL OFFICERS

PUISNE

RULINGS

JUDGMENTS

ORDERS

DECISIONS

JUST SOCIETY

JUSTICE

BALANCE OF PROBABILITIES

JURY

BEYOND REASONABLE DOUBT

DEFENDANT

OFFENCE

CHAMBER

DAMAGES

REGISTRAR

JUDGES

EX OFFICIO

APPLICATIONS

TAXATION

SUMMONS

SUBPOENAS

WRITS

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Judicial Officers of the Magistracy The Summary Courts Act, Chap. 4.20 creates the post of Magistrate. The Judicial and Legal Service Act, establishes the structure within the Magistracy comprising Chief Magistrate, Deputy Chief Magistrate, Senior Magistrates and Magistrates.

Chief Magistrate The Chief Magistrate, under the direction of the Chief Justice, exercises control and supervision of all other Magistrates. The Chief Magistrate is responsible for the day to day administration of the Magistracy including supervision of all the Magistrates in the various magisterial divisions throughout the country and all administrative staff. In court, the Chief Magistrate exercises the same power and authority as regular magistrates in dealing with similar matters that come before the court. The Chief Magistrate exercises exclusive jurisdiction under the Gambling and Betting Act to accept applications and grant these LICENCES. Apart from these, the CHIEF MAGISTRATE is also responsible for:

Chief Magistrate Her Worship Marcia Ayers-Caesar

•

Hearing many of the sensitive, long or complex cases in the Magistrates’ Courts and in particular extradition and special jurisdiction cases.

•

Supporting and guiding other Magistrates.

Senior Magistrates The SENIOR MAGISTRATES (including the DEPUTY CHIEF MAGISTRATE) are fundamental to the management structure in the Magistracy and lend support to the Chief Magistrate. In addition to their judicial function they are responsible for administrative matters at their respective Courts. These duties include: •

The distribution of cases among the Magistrates assigned to that Court and the assignment of Magistrates to particular court room;

•

Liaising closely with the Clerk of the Peace and the Chief Magistrate to ensure the efficient running of the Courts.

Magistrates In terms of their actual judicial functions where they sit as judge and jury, deciding on matters of fact and law to reach a verdict or final decision in the summary jurisdiction, there is absolutely no difference in jurisdiction between Magistrates and Senior Magistrates. They have the same authority to deal with the same cases, apply the same law and have the same sentencing powers. See section 8 of the Summary Courts Act, Chap. 4:20. However, since the Senior Magistrates are much more experienced on the Bench, even though the law gives all Magistrates equal authority, the distribution of cases would of course involve the assignment of the more serious matters to the Senior Magistrates. These include PRELIMINARY INQUIRIES into murder, attempted murder, rape and wounding with intent.

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Key words to remember in this section: LICENCES

CHIEF MAGISTRATE

SENIOR MAGISTRATE

DEPUTY CHIEF MAGISTRATE

PRELIMINARY INQUIRIES

How Judicial Officers are appointed The Chief Justice, as Head of the Judiciary, occupies the third highest office in Trinidad and Tobago. By virtue of his position as Chief Justice, he is also President of the Court of Appeal, an ex-officio Judge of the High Court, and Chairman of the JUDICIAL AND LEGAL SERVICES COMMISSION (JLSC). Under the Constitution, the JLSC is charged with the task of appointing Justices of Appeal, High Court Judges, and Masters of the High Court, Magistrates, and Registrars of the Supreme Court, all of whom are judicial officers.

Qualifications for appointment To be eligible for appointment to the Court of Appeal as a Justice of Appeal, a candidate must have sat on the High Court Bench for at least three years and Attorneys at Law should have at least 15 years standing to be eligible for appointment to the Court of Appeal. To qualify for appointment as a High Court Judge, a candidate should have at least ten years’ standing as an Attorney at Law. To qualify for appointment as a Magistrate a candidate should have at least five years standing as an Attorney at Law.

Types of Matters Heard at the Supreme Court The High Court The Supreme Court of Judicature Act allows for up to 36 Supreme Court Judges. The Judges at the High Court deliver CRIMINAL, CIVIL and FAMILY justice. Matters heard include probate, that is disputes arising out of property rights following the death of a family member; civil matters including all complaints from businesses and private individuals for sums greater than $15,000; criminal CHARGES including rape, murder, possession of narcotics, trafficking, possession of arms and ammunition and all matters sent over from the Magistrates’ Court. Matters heard at the Family High Court include DIVORCE, CUSTODY, COHABITATIONAL RELATIONSHIPS, MAINTENANCE OF CHILDREN OR SPOUSE, PATERNITY AND WARDSHIP. Before a criminal matter reaches the High Court, a Preliminary Inquiry is held at the Magistrates’ Court. At a Preliminary Inquiry, the prosecution bears the BURDEN OF PROOF to prove or establish a PRIMA FACIE case against the defendant (accused).

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Court of Appeal The Court of Appeal has APPELLATE JURISDICTION over both the High Court and the Magistracy. 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 (permission) of that Court. There can be up to twelve Court of Appeal Judges all with responsibility for hearing matters filed on appeal. The Chief Justice is the President of the Court of Appeal. Unlike the High Court, matters heard at the Court of Appeal are heard by several Judges. A minimum of two or three Judges can hear any matter at the Court of Appeal depending on the type of matter.

WHAT WE DO The Supreme Court of Judicature The APPELLATE (APPEALS) Process The lower courts are bound by the higher courts’ decision. The Magistrates’ Court is the lowest court in the court structure and if a person is not happy with the decision of this court they can appeal the decision to a higher court. Appeals from the Magistracy and the High Court lie to the Court of Appeal which has the authority to review rulings for the lower courts.

Appellate Process for Applications from the Magistracy eg. Bail

Appellate Process for all other Matters eg. Family Matters from the Magistracy

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The Magistracy The Magistracy exercises ORIGINAL JURISDICTION in relation to summary criminal matters, civil and family matters. The Magistrates’ Courts also facilitate Preliminary Inquiries. The Magistracy is a very large part of the Judiciary. There are more Magistrates’ Courts than High Courts. As a result, there is a Chief Magistrate who, under the direction of the Chief Justice, oversees the Magistracy. Magistrates sit in the Magistrate’s Court in districts throughout Trinidad and Tobago. There are twelve magisterial districts and a Magistrate’s division of the Family Court.They function by examining facts and applying the relevant laws to reach a final VERDICT or decision. Facts are usually presented by lawyers. There are two sides to every case. However, in the Magistrates’ Courts, a POLICE PROSECUTOR (a Police Officer who has attained the rank of Sergeant and above) usually presents the facts in the majority of criminal matters. In some cases there are no lawyers or police at all and private individuals represent themselves. These are usually minor cases. In all serious matters like murder, the prosecutor is an attorney from the office of the Director of Public Prosecutions. The Magistrates’ Court is the hub of the Judiciary it is where most disputes are resolved. In the case of criminal matters, this is where all matters or cases commence. In addition to criminal matters, Magistrates also hear some civil cases and family disputes.

Petty Civil Matters A civil matter is where one party (the applicant) brings an action against another party (the defendant) based on a claim that their rights have been breached. The aim is to compensate the applicant. COMPENSATION is the payment for injury or loss. Petty civil matters involving property or personal items not exceeding $TT15,000 are dealt with by a Magistrate who is referred to as the Petty Civil Court Judge.

Criminal Matters If citizens are charged in any criminal activity, (i.e. that they have done something which the law forbids and where the aim is to SANCTION the offender), the matter must first appear before a Magistrate. The first issue to be addressed is whether bail is to be granted. In cases such as murder, bail cannot be granted at all. Some cases can only be tried in the Magistrates Courts. In these cases, the Magistrates can begin trial as soon as possible. Examples of these cases are: road traffic breaches, obscene language, some types of assault and unlawful possession of property. There is a third category of criminal matter which can be tried either in the High Court or in the Magistrates’Court. In these cases, the prosecutor is usually the one who recommends SUMMARY TRIAL (i.e. trial by a Magistrate). If the person charged consents to summary trial, then the Magistrate can begin the trial. Otherwise, if the person refuses, then the Magistrate will conduct a Preliminary Inquiry. Examples of these charges are possession of dangerous drugs, possession of firearms, larceny and robbery then the matter is sent to the High Court. Breaches of criminal law are called OFFENCES and the aim is to make the offender accountable. While offenders may be brought before the Court by the police, other defendants are written to and requested to attend court by a letter called a summons. The summons is a legal document issued by a court against a person

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advising him to appear before a court at a specific date and time as he is being sued and a case has been filed against him, A person against whom a summons is addressed is called a defendant and has to appear in court on the specified date. A summons is also called a writ. Failure to appear in court after being served a summons can result in the Magistrate issuing a warrant for the person’s arrest.

Typical Magistrates Court Process Filing/Lis)ng  

Service   Notification No)fica)on   Service

Listing/   Calendaring  

ICT  

Enforcement  

Order Trial/Decision/ Notification Judgement   Warrant

Direc)ons/   First  Hearing  

Trial/ DeciPre  Order Trial   Review   sion/ Judgment

Alternative   Dispute   Resolution  

•

Filing – A Complaint/Claim is prepared and filed. If it is a civil matter (claim) it is prepared by Court staff and filed by the complainant or prepared and filed by the complainant’s attorney. If it is a criminal matter (complaint) it is prepared and filed by a police officer.

•

Listing – the Complaint/Claim is assigned a particular date and court room for the hearing of the matter before a Magistrate

•

Notification – A summons is prepared by Court staff and served by the police on the defendant in a criminal/ private complaint matter and served by the defendant by the Court’s bailiff in Petty Civil matters.The summons informs the defendant a complaint/claim has been filed against them and that he or she is to appear in court on a given date and location for the hearing of the matter

•

Hearing – All parties in the matter appear before the Magistrate for the determination (decision/order) of the matter

•

Notification – Should the defendant after having been served the summons, not appear in court on the specific date and court room, a Magistrate can issue a warrant for his/her arrest

•

Order – At the conclusion of the hearing of the matter the Magistrate can make an order which is intended to resolve the dispute

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Preliminary Inquiries in criminal matters are also heard by Magistrates and in these cases or matters the Magistrate reviews evidence in order to determine whether the person should be PROSECUTED at the High Court. If it has been proved that there is sufficient evidence (a prima facie case has been made out) the Magistrate will then send the matter to the High Court for trial. Although most matters are held in public some cases are heard IN CAMERA, that is in private, with only those involved in the particular cases. Cases tried in camera include – SEXUAL OFFENCES and FAMILY MATTERS.

Criminal Matters SUMMARY CRIMINAL OFFENCES, such as COMMON ASSAULT, LARCENY and traffic offences are less serious OFFENCES which are dealt with in the Magistrates’ Court. INDICTABLE cases begin their life in the Magistrates’ Court. Indictable offences can attract heavy sentences. Some indictable offences are tried by a judge and jury, for example, MURDER, rape or TREASON, while others may be tried by a judge and jury or a Magistrate, for example, drug trafficking or firearm possession. Hybrid cases – can be dealt with either as summary or indictable e.g. those offences that create a penalty on summary conviction and indictable conviction. For example a person may have committed ASSAULT and larceny but in the process of committing his crime he may murder an eyewitness. This creates a scenario where the prosecution may choose to proceed with the matters as indictable offences. Family cases refer to disputes among family members; also matters relating to common-law relationships e.g. maintenance, custody and access and DOMESTIC VIOLENCE.

Family Court The Family Court is a PROBLEM SOLVING court established to address all family disputes, in a more accommodating setting. These may be family disputes as a result of marriage and other domestic relationships including: family property, welfare, INHERITANCE, guardianship, paternity, custody and divorce, cohabitational relationships, and wardships. The Family Court Pilot started in 2004 was responsible for 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. For some this will mean counselling, 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 for solving family disputes and using legal, psychological, social and, material resources. The Family Court provides a holistic forum for dealing with family disputes. It is interesting to note that the Family Court is the only place where all three types of Judicial Officers (Judges, Registrars and Magistrates) are found. It is a unified court system embracing both a High Court and a Magisterial jurisdiction. As a result of its widespread success, it is model court system for many other jurisdictions including first world countries such as Canada, England, Australia and England.

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Below: A Family Court Hearing Room

Court-Annexed Mediation Court-Annexed Mediation is a method used as an option to resolve disputes. In this setting, a neutral third party called a mediator assists with discussions among those in dispute. The mediator may be a lawyer trained in mediation, a volunteer, Judge, Magistrate or trained professional. MEDIATION like litigation is confidential but is much more informal. All involved are encouraged to explore various options to come to an agreement on the issues being disputed. A mediator can often deal with many issues that may not be addressed in Court since the mediation process is not bound by rules of evidence, The mediator does not make any decision and can issue no order or judgment but is simply present to guide parties in their discussion of the material issues causing conflict.

Key words to remember in this section: JUDICIAL AND LEGAL SERVICES COMMISSION

CRIMINAL

CIVIL

FAMILY

CHARGES

DIVORCE

BURDEN OF PROOF

PRIMA FACIE

APPELLATE JURISDICTION

APPEAL

PRIVY COUNCIL

ORIGINAL JURISDICTION

VERDICT

POLICE PROSECUTOR

COMPENSATION

SANCTION

SUMMARY TRIAL

OFFENCES

PROSECUTED

IN CAMERA

SEXUAL OFFENCES

FAMILY MATTERS

SUMMARY CRIMINAL OFFENCES

COMMON ASSAULT

LARCENY

INDICTABLE

MURDER

TREASON

ASSAULT

DOMESTIC VIOLENCE

PROBLEM SOLVING

INHERITANCE

MEDIATION

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The Judicial Committee of the Privy Council Appeals from the Court of Appeal go to the Privy Council, sometimes as of right and sometimes with LEAVE (PERMISSION) of the Court. Final appeals on some matters are decided by the Judicial Committee of the Privy Council in London. The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for the UK overseas territories and Crown dependencies, and for those Commonwealth countries that have retained the appeal to Her Majesty in Council or, in the case of Republics, to the Judicial Committee.

Did You Know…  

 

In future, the Caribbean Court of Justice may one day replace the Privy Council as the court of last resort in Trinidad & Tobago if the government abolishes appeals to the Privy Council.

The Caribbean Court of Justice (CCJ) The CARIBBEAN COURT OF JUSTICE is a regional institution. The Caribbean Court of Justice has two jurisdictions; an original jurisdiction and an appellate jurisdiction. In its original jurisdiction, the CCJ is an INTERNATIONAL COURT with compulsory and exclusive jurisdiction in respect of the interpretation of the TREATY OF CHAGUARAMAS (which also established the Court). The court deals with the right to move between CARICOM countries freely and your right to move your money and your business. As an Appeal Court, the CCJ hears appeals in both civil and criminal matters from those countries who have agreed to replace the Privy Council with the CCJ as their final appeal court. These countries include Barbados, Belize, and Guyana.

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Let’s test to see if you understand what hierarchy means and how the courts operate.

Jack had a petty civil dispute and filed an application in the Petty Civil Court but was not happy with the decision. Help him follow the correct route. The key is to follow the numbers and arrows.

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• Privy Council

2

• Court of Appeal

1

• Petty Civil Court

Barry was charged for stealing from the neighbourhood parlour, the Magistrate refused to grant him bail and he wants to challenge the decision. Where does he have to go to appeal the decision? Help Barry follow the correct route.

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• Court of Appeal

2

• High Court

1

• Petty Civil Court 18

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Typical Civil High Court Process Filing/Lis)ng  

Service   No)fica)on  

Listing/   Calendaring  

ICT  

Enforcement  

Trial/Decision/ Judgement  

Direc)ons/   Directions/ First  Hearing   Hearing

Pre  Trial  Review  

Alternative   Dispute   Resolution  

•

Filing – Documents that are filed by parties containing information that is to be considered by the judge in deciding a particular matter.

•

Listing - The internal process of assigning a matter to be heard at a particular time, place and before a particular judge.

•

Notification – An advisory to parties to attend court.

•

Hearing – Any activity scheduled by the Judicial Officer for the purpose of giving directions, assessing the readiness of a matter for trial, hearing legal submissions, or for the determination (decision/judgment) of a matter.

•

Trial – Any activity scheduled by the Judicial Officer for the purpose of taking evidence to determine a matter.

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Judgment - An order of a Judicial Officer which is intended to resolve a dispute, either in its entirety or at a particular stage in the proceedings.

•

Enforcement - Any activity in which the court is required, post-disposition (after a dispute has been resolved), to ensure that the order of the court is carried out.

•

Alternative Dispute Resolution – Parties may decide not to have the court settle their dispute and instead have the matter referred by the court to a third party.

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The Criminal Court Roles Job Title

Job Function

The Judge

In criminal matters the role of a Judge is slightly different. The matters heard at the High Court are generally more serious capital offences such as murder, rape, manslaughter, kidnapping, treason, sedition and terrorism. In adjudicating these matters, defendants are given the right to be judged by their peers (other members of society) in the form of a jury. The Judge’s responsibility in this case is to ensure that defendants are given a fair trial at court and to guide the jury in hearing the case according to what are the points of law involved.

Judicial Research Assistants (JRA)

Although not present in Court, the JRA supports the Judicial Officers by performing complex legal research for Judges, Masters, Magistrates and Registrars. They analyze general and specific legal proceedings.

Orderlies

Orderlies support Judges and act as assistants in court announcing the arrival and departure of the Judge in court. They also assist with any other needs the Judge may have in Court.

Judicial Support Officers (JSOs)

JSOs take notes in Court and record all orders of the Court. The JSO is responsible for ensuring that all necessary arrangements are made to ensure that all resources are available and the Courtroom is ready for trial.

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Job Title

Job Function

Marshal’s Assistants

Marshals are present in Criminal Court matters. They call the jury for selection. After juries are empanelled (formally constituted), the Marshals are responsible for the jury. They call the jury to Court when the Court is ready to sit. Marshals are responsible for serving summonses for jury service or for appearances as witness to matters in trial.

The CAT Reporter (Computer Aided Transcriptionist)

Through the use of a machine called a Stenograph machine, the CAT Reporter provides a verbatim account of the proceedings taken in court. By inputting strokes phonetically on the stenograph machine, which is connected to a computer, it produces the transcript in readable form (English) using the CAT Eclipse software.

The Jury

A jury consists of a panel of 9-12 persons according to the offence. (12 for Capital Offences – murder and treason – 9 for all other offences.) Jurors are randomly chosen to give a verdict in criminal cases after considering evidence. The guilt of an accused person must be proved to the highest standard beyond reasonable doubt. Without a jury, trials in the criminal assizes cannot proceed.

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Job Title

Job Function

Queen’s/Senior Counsel

The title of Senior Counsel is given to Senior attorneys in some Commonwealth countries. It is typically equivalent to Queen’s COUNSEL used in England and other Commonwealth countries. “Senior Counsel” is used in current or former Commonwealth countries or jurisdictions which have chosen to change the title “Queen’s Counsel” to a name without monarchical connotations, sometimes (but not always) because the British monarch is no longer head of state, such that reference to the Queen is no longer appropriate. Examples of jurisdictions which have made the change because of the latter reason include Hong Kong, the Republic of Ireland, South Africa, Kenya, Malawi, Singapore, Guyana and Trinidad and Tobago.

Police Officers

Once prisoners are transported to the court house, they remain under the supervision of the Court and Process Officers at the Court. In the High Court, Police Officers from the Court & Process Branch are present in Court for Criminal matters. They are usually dressed in their white “Dress Uniforms’. A Police Officer usually sits in the prisoner’s dock in the Court while a prisoner is present in the dock.

Prosecutor

The PROSECUTOR is the chief legal representative for the prosecution. The prosecution is the legal party responsible for presenting the case in a criminal trial against a person accused of breaking the law. Prosecutors work out of the Office of the Director of Public Prosecutions.

Witness

A witness is a person who presents evidence in a matter either by involvement, or by area of expertise.

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Job Title

Job Function

Defence

The Defence is the attorney or team of attorneys who argue the defendant’s case in a court matter.

Media

Reporters are often present in court to give an account of cases for newspapers, radio and television.

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Court Room Layout – Criminal High Court JUDGE

Orderly The Jury JSO

CAT Reporter

Marshal’s Assistant

Queen’s & Senior Counsel Prosecution

Witness Box

Defence

(Present Evidence)

(argue the case)

Junior Attorney

Witness will sit

Prosecution

Defence

(argue the case) Prisoner’s Dock

here after giving evidence

Police Officers

Public Gallery & Media

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Roles of the Supreme Court Staff The Civil Court Roles

Job Title

Job Function

The Judge

The Judge is the sole adjudicator in the Civil Court. They hear matters brought forward by a claimant. They weigh the arguments made by the Applicant against the responses put forward by the defendants in each matter. In the Civil jurisdiction, Judges are guided to adjudicate on matters and decisions by “a balance of probability.”

Judicial Research Assistants

They support the Judicial Officers by performing complex legal research for Judges, Masters, Magistrates and Registrars. They analyse general and specific legal proceedings.

Orderlies

Support Judges and act as assistants in court announcing the arrival and departure of the Judge in Court. They also assist with any other needs the Judge may have in Court.

Judicial Support Officers

JSOs take notes in Court and record all orders of the Court. The JSO is responsible for ensuring that all necessary arrangements are made to ensure that all resources are available and the Courtroom is ready for the hearing of matters.

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Job Title

Job Function

The CAT Reporter (Computer Aided Transcriptionist)

Through the use of a machine called a Stenograph machine, the CAT Reporter provides a verbatim account of the proceedings taken in court. By inputting strokes phonetically on the stenograph machine, which is connected to a computer, it produces the transcript in readable form (English) using CAT Eclipse software.

Registrars

Ensure the proper operation of Court Offices and also preside in the Registrar’s Chamber Courts in which specifictypesofpost-trialandsomepre-trialapplications are heard and determined. Such matters include taxation matters, summons to settle Records of Appeal, Judgment Summons and Workmen’s Compensation matters.

Masters

Preside over Chamber Courts in which specific types of post-trial and some pre-trial applications are heard and determined. These matters include provisions for damages and legal costs.

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Job Title

Job Function

Queen’s Counsel/ Senior Counsel

The title of Senior Counsel is given to Senior attorneys in some Commonwealth countries. It is typically equivalent to Queen’s Counsel used in England and other Commonwealth countries. “Senior Counsel” is used in current or former Commonwealth countries or jurisdictions which have chosen to change the title “Queen’s Counsel” to a name without monarchical connotations, sometimes (but not always) because the British monarch is no longer head of state, such that reference to the Queen is no longer appropriate. Examples of jurisdictions which have made the change because of the latter reason include Hong Kong, the Republic of Ireland, South Africa, Kenya, Malawi, Singapore, Guyana and Trinidad and Tobago.

Junior Counsel

This is the title given to an Attorney who appears in Court with a Senior Counsel as his/her support.

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Court Room Layout – Civil High Court JUDGE



JSO

Court Reporter

(Argue the case)

Witness Box

Queen’s & Senior Counsel Claimant’s Counsel

(Present Evidence)

Defendant’s Counsel

Witness Junior Attorney Claimant’s Counsel

Defendant’s Counsel

will sit here after giving evidence

Persons related to matter

Public Gallery & Media (covers the trial)

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Drug Treatment Court Pilot The Judiciary has launched a DRUG TREATMENT COURT Pilot Project in San Fernando. This Court was set up to deal specifically with offenders who repeatedly appear in court as a result of substance abuse. The Court gives NON-VIOLENT OFFENDERS, who are dependent on drugs, an opportunity to receive Court supervised treatment for their addiction in a programme that runs for 12-18 months, as an alternative to sending them to prison. 

Did you   know…  

Anyone over 18 years old can attend court and listen to the cases listed. Members of the public are usually seated in a public gallery.

Let’s examine a case that can be brought before the Magistrates Court Harry’s family went to the beach for a family trip and returned home to a crowd and police. The officer-in-charge has told them they caught a bandit who broke into the house leaving with their $5000 television and Harry’s X Box. What type of matter is this? Criminal? Civil? Can this be brought before a Magistrate? Why? Hint: Is stealing right or wrong? If it is wrong then what does the law aim to do with these type of people?

Key words to remember in this section DRUG TREATMENT COURT

NON-VIOLENT OFFENDERS

APPEAL

PRIVY COUNCIL

OFFENCES

LEAVE (PERMISSION)

PROSECUTOR

TREATY OF CHAGUARAMAS

INTERNATIONAL COURT

CARIBBEAN COURT OF JUSTICE

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SUMMONS

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Magistrates’ Court Staff

In court there are a few key persons with distinct roles. Sitting close to the Magistrate is the NOTE TAKER – This person takes notes for Magistrate including the next date of hearing, particulars of the case including the time called and what happened, those present, the evidence seen and those who appeared. Attorneys representing the state and the accused or in some instances the APPLICANT (the person making the application) and the RESPONDENT or DEFENDANT (the person accused of the wrongdoing) are also seated at the front of the court facing the Magistrate. Both applicant and respondent are usually in Court as well as a Police Officer.

The Clerk of the Peace

The Clerk of the Peace, like the Magistrates, can issue summonses, warrants, grant bail fixing the amount, to take recognisance (a bond by which a person undertakes before a court or Magistrate to observe some condition, especially to appear when summoned) over parties and witnesses and to administer oaths. Persons usually visit the Clerk of the Peace for: •

Lost Pawn Tickets

•

Loss of Identification Card

•

Oaths of Secrecy

•

Private Complaints

•

Loss of Driver’s Permit

•

Application for Liquor License

•

Legal Aid Applications

•

Special Events License (e.g. Carnival)

•

Bail

•

Protection Orders

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Magistrate’s Court

Notetaker

MAGISTRATE’S DAIS

Magistrate

Witness Box (Present Evidence)

Police Prosecutors

Lawyers

Probation

(argue the case)

Officer

Prisoner’s Dock

Lawyers

Media

(argue the case)

Public Gallery & Media Police Officers

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Officer

Job Function

Magistrate

The Judicial Officer responsible for hearing matters and making judgments.

Clerks of the Peace

Officers of the Magistrates’ Court who perform some Judicial and administrative functions.

Note takers

Take notes for the Magistrate, including the next date of hearing, particulars of the case, including the time called and what happened, those present, evidence seen and those who appeared.

Applicant

An applicant is the person making the request of the Court.

Lawyers/Attorneys

Lawyers present the facts based on evidence. There are two sides to every case. One lawyer presents for the applicant and another for the defendant.

Police Prosecutor

A Police Officer who has attained the rank of Sergeant and above who presents the facts in criminal matters.

Police Officers

In the Magistrates’ Court, Police Officers are present in each Court. It is the Police Officers who call persons into the court when the Magistrate calls the matter. Police Officers from the Court and Process Branch may often be seen in the court room. They are responsible for bringing prisoners to and from the court rooms. Once prisoners are transported to the court house, they remain under the supervision of the Court and Process Officers.

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Officer

Job Function

Probation Officer

An official usually charged with supervising convicts on a suspended sentence or probation. Judges or Magistrates may call on a Probation Officer to provide a report on a person’s behaviour while under suspended sentence or Bond. At times they may also be charged withsupervisingjuveniledelinquents.Injuvenilematters a court may request a report from a Probation Officer. In some circumstances, the Probation Officer must visit and investigate the current living circumstances of juveniles brought before the court and provide a report to the court of the juvenile’s present circumstances.

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Court Protocol When in Court particular behaviour is expected because of the seriousness of the issues being dealt with. When the Judge or Magistrate enters the courtroom, all persons must stand. The Judge will then bow to Counsel (the Attorneys at Law) and at the same time Counsel will bow. This is a mark of mutual professional respect. When Counsel needs to address the Judge or Magistrate they stand when addressing a Judge or Magistrate, they also stand when being spoken to by a Judge or Magistrate. The Attorneys will also sit when the Judge or Magistrate is addressed by another Attorney. When someone is addressing the Court; nodding, shaking your head, talking to others, reading, or otherwise is seen as being DISCOURTEOUS. We must always try to control our emotions in Court and observe proper court DECORUM. When the case is ADJOURNED (stopped to continue at a later time or date) and the Judge or Magistrate stands (RISES) to leave the Court, all must stand, Counsel and Judge will bow and all persons in the courtroom will remain standing and silent until the Judge or Magistrate leaves. In court we also address Judges and Judicial Officers in a particular manner: A High Court Judge we refer to as MY LORD / MY LADY A High Court Master we refer to as MASTER A High Court Registrar MADAM/ SIR A Magistrate we refer to as YOUR WORSHIP A Magistrate we refer to as YOUR HONOUR in the Petty Civil Court.

Key words to remember in this section: NOTE TAKER

APPLICANT

RESPONDENT

DISCOURTEOUS

DECORUM

ADJOURN

RISES

MY LORD

MY LADY

MASTER

MADAM

SIR

YOUR WORSHIP

YOUR HONOUR

DEFENDANT

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JUDICIARY TRINIDAD AND TOBAGO

Fun Page

ART/ POST ER Competition

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QUEST & QUIZ

Let’s see how well you remember what you read. Instructions: Insert the missing letters

1.

What is the name of the third arm of state?

2.

Who makes statutes?

3.

What is the name given to the Head of the Judiciary?

J

U

P

R

C 4.

D

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What is the best way to describe the structure of the courts?

I

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5.

What is the name of the lowest court?

6.

What is the Judiciary responsible for?

G

A D M

S

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T R A

A O F

Name at least one officer of the Court.

8.

Name one officer of the Lower Court/Magistracy.

M

S

G

S

L S’

T I

7.

M

A

C E

E E

Answers on page 52

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MATCHING GAME

Match the people in column A to their job in column B. The first one is done for you.

COLUMN A

COLUMN B

Judge

The person who is charged with breaking the law

Court Security Officer

The person who records everything in court

Defence Lawyer

The person who helps the accused in court

Court Reporter

12 people who decide together if the accused is guilty or not

Jury

The person who tells the judge about something that happened

Witness

The person who listens to all the witnesses and decides what happens in the matter

Accused

The person who makes sure everyone is safe in court

Answers on page 52

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find the words

Words are hidden in this puzzle across, up and down and diagonally. These words are sometimes used in court. When you find a word, circle it and cross it off the list. The first one is done for you.

Answers on page 52

J

U

D

G

E

S

E

G

R

H

A

C

O

N

M

V

E

L

C

N

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O

Q

U

C

U

T

S

R

A

D

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V

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C

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R

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V

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L

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R

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V

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J

K

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M

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K

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S

S

V

J

C

J

F

S

N

S

J

U

T

M

Y

H

P

C

W

U

J

E

I

U

V

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B

N

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U

A

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R

N

D

C

B

C

B

Z

N

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S

O

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T

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X

I

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G

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F

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P

T

X

Z

E

G

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B

Q

M

M

K

M

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X

R

O

R

X

T

L

C

Q

T

H

A

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H

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B

O

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R

K

Q

A

X

H

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G

V

N

Z

N

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W

I

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N

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A

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O

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W

A

J

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K

A

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J

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P

R

B

Q

P

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P

Accuse Charge Civil Criminal Compensation Counsel

Damages Dispute Divorce Guilty Judges Judgment

Juror Jury Marshal Oath Officer Petty

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Preliminary Prosecutor Report Subpoena Witness

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HISTORICAL INFORMATION Chief Justices Past and Present

The Right Honourable Sir. Hugh Wooding T.C., K.B. PERSONAL DATA Surname Other names Date of birth Place of birth Secondary Education Died

Wooding Hugh Olliviere Beresford 1904.01.14 Trinidad Queen’s Royal College 1974

PROFESSIONAL DATA Admitted to practise

Middle Temple – 1926

Silk

K.C. 1948

C.J. Appointment

1962.08.29

Retired

1968.12.31

Honours

Commander of the British Empire -1947. Knight Bachelor -1963.



Member of the Judicial Committee of the Privy Council.



Trinity Cross [1969].



Doctor of Laws of University of the West Indies.

Notes First Chief Justice of the independent Trinidad and Tobago, 1962-1968.

Chancellor of the University of the West Indies - 1971



Became Mayor of Port of Spain in 1943



Member of the Constitution Reform Commission 1971

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HISTORICAL INFORMATION Chief Justices Past and Present cont’d

The Honourable Sir Arthur Mc Shine T.C., K.B. PERSONAL DATA Surname Other names Place of birth Secondary Education Died

PROFESSIONAL DATA Admitted to practise

Middle Temple -1931

Judicial appointments

Appointed Magistrate -1942



Appointed H.C.: 1953



Appointed C.A.:1962.08.29



C.J. Appointment 1969.01.01



Retired - 1972.07.13

Mc Shine Arthur Hugh Trinidad Queen’s Royal College 1983.06.10

Honours Received the Queen’s Coronation Medal -1953; Knighted in 1969

Trinity Cross [1971]

Notes

One of the first three members of the Court of Appeal of the independent Trinidad and Tobago

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HISTORICAL INFORMATION Chief Justices Past and Present cont’d

The Honourable Sir Isaac Hyatali T.C., K.B. PERSONAL DATA Surname Other names Date of birth Secondary Education Died

Hyatali Isaac Emanuel 1917.11.21 Naparima College 2000.12.02

PROFESSIONAL DATA Admitted to practise

Gray’s Inn -1947

Judicial appointments

Appointed H.C.: 1959.03.18



Appointed C.A: 1962.08.29



C.J. Appointment 1972.07.14

Honours

Knighted -1973.



Trinity Cross - 1974

Notes

First President of the Industrial Court under the Industrial Stabilisation Act, 1965, until 1972 when he became Chief Justice

Notes

Chairman of the Constitution Commission, 1987

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HISTORICAL INFORMATION Chief Justices Past and Present cont’d

The Honourable Mr. Justice Cecil Kelsick T.C. PERSONAL DATA Surname Other names Date of birth Place of birth

Kelsick Cecil Authur 1938 Dominica

PROFESSIONAL DATA Admitted to practise

Inner Temple-1941

Silk

Q.C. 1964

Judicial appointments

Chairman Tax Appeal Board 1966



Chairman of the Law Commission 1972



Appointed H.C.:1961.02.01



C.J. Appointment 1983



Retired 1985.12.21

Honours

Trinity Cross [1971]

Notes One of the most significant events during his tenure as C.J. was the opening of the Hall of Justice in October 1985 and the transfer of all courts excluding the Magistrates’ Courts to this complex.

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HISTORICAL INFORMATION Chief Justices Past and Present cont’d

The Honourable Mr. Justice Clinton Bernard T.C. PERSONAL DATA Surname Other names Date of birth Place of birth Secondary Education

PROFESSIONAL DATA Admitted to practise

Inns of Court

Judicial appointments

Appointed H.C.: 1977.01.03



C.J. Appointment 1985.12.23



Retired 1995

Honours

Trinity Cross [1987]

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Bernard Clinton 1931.05.31 Trinidad Osmond High School

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HISTORICAL INFORMATION Chief Justices Past and Present cont’d

The Right Honourable Mr. Justice Michael de la Bastide T.C. PERSONAL DATA Surname Other names Date of birth Place of birth Secondary Education

PROFESSIONAL DATA Admitted to practise

Oxford Gray’s Inn -1961

Silk

Q.C. - 1975



C.J. Appointment 1995.05.31



Retired 2002.07.18

Honours

Trinity Cross [1996]

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de la Bastide Michael 1937.07.18 Trinidad St. Mary’s College, Port-of-Spain

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HISTORICAL INFORMATION Chief Justices Past and Present cont’d

The Honourable Mr. Justice Satnarine Sharma T.C, C.M.T. PERSONAL DATA Surname Other names Date of birth Place of birth Secondary Education PROFESSIONAL DATA Admitted to practise

Inner Temple London-1966.11

Judicial appointments

Appointed H.C.: 1983.12.20



Appointed C.A.:1987.03



C.J. Appointment 2002.07.18

Honours

Chaconia Gold



Trinity Cross [2003]

44

Sharma Satnarine 1943.01.24 Trinidad Hillview College Naparima College

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HISTORICAL INFORMATION Chief Justices Past and Present cont’d

The Honourable Mr. Justice Ivor Archie O.R.T.T PERSONAL DATA Surname Other names Date of birth Place of birth Honours PROFESSIONAL DATA Honours

Archie Ivor 1960.08.18 Tobago Order of the Republic of Trinidad & Tobago

Order of the Republic of Trinidad & Tobago

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Historical Tidbits The Judiciary of Trinidad and Tobago has had a unique history since its inception.

Did you know?

Did you know?

That Trinidad and Tobago judges donned their wigs for the last time on Friday October 5th, 1979 to pay tribute to a brother judge, the late Justice Errol Roopnarine who died on September 11 during the court vacation.

•

Did you know? •

The 30th October 1987 was the first time all law graduates were admitted to practice at the local bar in one sitting of the High Court.

•

That Mr. Rolston Nelson was the first attorney to be appointed to sit as an ordinary member of the Appeal Court directly from private practice.

That the Hall of Justice in Port of Spain, Trinidad was designed by Anthony Lewis and Partners with the British firm Howell, Killick, Partridge & Amis; the foundation stone was laid in 1.11.1979 and the ceremonial opening was 21.09.1985.

Did you know? •



Did you know? That Madam Justice Annestine Sealey was the first graduate of the Hugh Wooding Law School, St. Augustine to become a Judge in Trinidad and Tobago. She was appointed in 1990. She was also the 2nd female judge of the Supreme Court of Trinidad & Tobago.

Did you know? That the late Justice Wendell Kangaloo was the first graduate from the Hugh Wooding Law School to be appointed to the Court of Appeal.

46

That the Hall of Justice, Harris Promenade, San Fernando was opened in November 1993.

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Did you know?

Her Worship Chief Magistrate Marcia Ayers-Caesar is the first woman to be appointed Chief Magistrate of Trinidad and Tobago.

The Appeal Court sat in San Fernando for the first time in May 1974.

She was appointed on September 20th 2010.

The first female Magistrate was Mrs. Gladys Ramseran who was appointed to the position on January 3rd 1948. 1

Did you know?

Did you know?

Did you know?

That Mr. Melville Baird was the first magistrate to be appointed to the High Court bench after Independence in 1962. He was appointed in 1993.

The first female judge was Mrs. Justice Elizabeth Bourne-Hollands in 1972 became the first female Judge of the Supreme Court in Trinidad & Tobago.

Did you know? That Justice Jean Permanand in 1983 became the country’s second female High Court Judge. She was appointed as the first female judge of the Court of Appeal in 1993.

Mr. Baird became a magistrate in 1970 and the Chief Magistrate in 1988.

Did you know?

Did you know?

That Mr. Karl de la Bastide was the first solicitor to be appointed a Magistrate in Trinidad and Tobago.

1st Criminal Court, San Fernando (pictured below) is the oldest existing Supreme Court Room in Trinidad & Tobago.

He was appointed to the High Court Bench in 1958 and to the Court of Appeal in 1969.

1

47

Trinidad and Tobago Year Book 1965-66

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GLOSSARY OF TERMS Adjourned

An adjournment is the suspension of proceedings to another time or place. To adjourn means to suspend to a later time or place.

Adversarial

An adversarial system is a legal system where two advocates represent their parties’positions before an impartial person or group of people, usually jury or judge who attempt to determine the truth of the case. As opposed to that, the inquisitorial system has a judge (or a group of judges who work together) whose task is to investigate the case.

Appeal

In law an appeal is a process for requesting or asking a higher court to change or review the decision of a lower court.

Appellate jurisdiction

Has the power to review a lower court’s decision.

Assizes

Periodic sessions of the High Court of Justice. The Assize courts are criminal courts that deal with the most severe crimes.

Authority

The legitimate power given to a person or institution by the state.

Chamber Courts

Courts in which applications by way of summons may be heard. The public has no right to attend hearings in chambers.

Bail

Bail is essentially a contractual release of an accused person based on certain conditions set by the court.

Balance of probability

The balance of probability standard means that a court is satisfied that, on the evidence, one part’s case is more probable or likely than to true than the other.

Burden of proof

The duty placed upon a party to prove or disprove a disputed fact, or it can define which party bears this burden. In criminal cases, the burden of proof is placed on the prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or her.

Counsel

Attorneys-at-Law are often referred to as Counsel, since one of their primary roles is to give legal advice or legal counsel to their clients.

Conciliation

Conciliation is an Alternative Dispute Resolution Process whereby the parties to a dispute use a mediator who sits with each party to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, exploring potential solutions and bringing about a negotiated settlement.

Decision

The passing of judgment on an issue under consideration.

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Disposition

When a judgment is made and a dispute is settled the case is said to be disposed. That is it is no longer in the court system. If an appeal is filed, the case will return to the court system as a new appeal matter.

Ex-officio

An ex-officio member is a member of a body (a board, committee, council, etc.) who is part of it by virtue of holding another office.

Hierarchical

A hierarchy is a system of persons or things where one is ranked above the other.

Indictable criminal matters

Generally refers to serious offences such as rape, murder, treason which is subject to a greater penalty. Indictable criminal matters must be tried in the High Court.

Judgment

A judgment is the final decisive decision that follows a resolved dispute in court. It can either be written or oral (given verbally).

Jurisdiction

The area over which the legal authority of a court extends.

Law

A system of rules and guidelines that are enforced through social institutions to govern behaviour. Laws are made by the legislative arm of the state.

Jury

A sworn body of people convened to render an impartial verdict on a question officially submitted to them by a court.

Order

An order is a decision of the court that is intended to resolve a dispute between parties, but does not resolve the entire case.

Original jurisdiction

Power to hear a case for the first time.

Preliminary inquiry

The Magistrate determines if there is sufficient evidence for the accused to go to trial. A preliminary inquiry only takes place where the accused is charged with an indictable offence.

Prosecutor

The prosecutor is the chief legal representative for the prosecution. The prosecution is the legal party responsible for presenting the case in a criminal trial against a person accused of breaking the law.

Puisne Judge

(puisné or puîné, French for “junior”) is a junior judge, a regular member of the High court as opposed to an ex-officio member (e.g. the Chief Justice).

Summary Offence

A lesser criminal offence when compared to an indictable offence. These matters are dealt with at the Magistrates’ Court.

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Prima facie

A Latin expression meaning first encounter, first blush or at first sight. It is used in Legal English to signify the finding of sufficient evidence upon first examination to build a case against an accused person.

Reasonable doubt

Even if there is some uncertainty, it would not affect a reasonable person’s belief that a person is guilty.

Rules

Rules are guidelines that are provided to maintain the smooth functioning of an organisation and maintain peace and harmony amongst its people.

Order

An order is a decision of the court that is intended to resolve a dispute between parties, but does not resolve the entire case.

Statute

A formal or written enactment of a legislative authority that governs a country, city or state. The word is often used to distinguish law made my legislative bodies from case law decided by courts and regulations issues by government agencies.

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JUDICIARY TRINIDAD AND TOBAGO

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What’s the difference … Laws vs Rules?  

Laws are enforced by government institutions such as the police.   In terms of definition, rules are similar to laws. However, they differ from laws because they are not as rigid as a law. Once a law is enacted it must be followed by all citizens but rules are often changed and altered depending on the place, organization and people. Rules are a less formal set of guidelines which have little or no consequences depending on the person that is enforcing them. Rules are also enforced by the person that is making the rule. Laws have more severe penalties when they are broken

What’s the difference … Law vs Statute?  

 

Statutes are a subset of Law. Laws that are passed by the legislative branch become law and they are found in statute books. The judicial branch interprets statutes, on appeal, and the interpretations become “case law”. Case law can be found in the court’s case books, called “Reports.” People are required to obey both statutory and case law as they are the laws of the jurisdiction in which they are enacted and interpreted.

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ANSWER PAGE

Fun Page Judiciary Parliament Chief Justice

Hierarchical Magistrates’ Administration of Justice

Master Magistrate

MATCHING GAME Judge

- listens to all the witnesses and decides what happens in the trial.

Defense Lawyer

- helps the accused in court.

Court Reporter

- records everything in court.

Court Security Officer - ensures everyone is safe in court. Jury - twelve people who try to decide together if the accused is guilty or not guilty. Witness

- tells the judge about something that happened.

Accused

- the person on trial who is charged with breaking the law.

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JUDGES OF THE SUPREME COURT OF JUDICATURE The Honourable Mr. Justice Jack The Honourable Mme. Justice Alexis-Windsor The Honourable Mme. Justice Smart The Honourable Mr. Justice Hannays The Honourable Mme. Justice Kangaloo

The Honourable Mr. Justice Ivor Archie O.R.T.T Chief Justice and President of the Court of Appeal

JUSTICES OF APPEAL The Honourable Mr. Justice Mendonça The Honourable Mme. Justice Weekes The Honourable Mr. Justice Jamadar The Honourable Mme. Justice Yorke-Soo Hon The Honourable Mr. Justice Bereaux The Honourable Mr. Justice Narine The Honourable Mr. Justice Smith The Honourable Mme. Justice Rajnauth-Lee The Honourable Mr. Justice Moosai

MASTERS OF THE HIGH COURT Master Brenda Paray-Durity Master Patricia Sobion Awai Master Martha Alexander

REGISTRAR AND MARSHAL JUDGES OF THE HIGH COURT

Ms. Marissa Robertson

The Honourable Mr. Justice Tam The Honourable Mr. Justice Holdip The Honourable Mr. Justice M. Mohammed The Honourable Mme. Justice Dean-Armorer The Honourable Mme. Justice Gobin The Honourable Mme. Justice Jones The Honourable Mme. Justice Charles The Honourable Mme. Justice Pemberton The Honourable Mr. Justice Devan Rampersad The Honourable Mr. Justice Henderson The Honourable Mr. Justice Rajkumar The Honourable Mr. Justice Des Vignes The Honourable Mr. Justice Kokaram The Honourable Mr. Justice Boodoosingh The Honourable Mme. Justice Brown-Antoine The Honourable Mr. Justice Devindra Rampersad The Honourable Mr. Justice R. Mohammed The Honourable Mme. Justice Ramkerrysingh The Honourable Mr. Justice St. Clair-Douglas The Honourable Mr. Justice Rahim The Honourable Mr. Justice Aboud The Honourable Mr. Justice Harris The Honourable Mme. Justice Lambert-Peterson The Honourable Mme. Justice Wilson The Honourable Mr. Justice Seepersad The Honourable Mme. Justice Paul

DEPUTY REGISTRAR AND MARSHAL Ms. Jade Rodriguez

ASSISTANT REGISTRAR AND DEPUTY MARSHAL Mr. Toolsie Ramdin Ms. Claudette Barrington Ms. Margaret Sookraj-Goswami Mrs. Simone Hosein Mrs Nirala Bansee-Sookhai Mrs. Shabiki Cazabon Ms. Lonette Duane- Diamond Ms. Marissa Ramdass Ms. Tricia Bhagwandeen-Sadho Ms Candice Cielto-Jones Mr Vigel Paul Ms Kerri Ann Olliverie

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