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JUDICIARY

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A Students Guide to
the Judiciary
JUDICIARY
TRINIDAD AND TOBAGO

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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
Execu9ve Judiciary

1st arm of the State 2nd arm of the State 3rd arm of the State

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

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

High Cou
(4 Locatio rt of Justi
ns: Hall o
San Ferna
f Justice P
OS, Famil
ce
30Puisne ndo & Sca y Court,
Ju d g es,3 Mast rb orough)
1 Registra ers
r, 1 Depu
ty Registr of the High Court,
ar, 12 Ass
istant Reg
Magistrac istrars

y (12 Dist
ricts, 13 L
14 Senior
Chief Mag
istr ocations)
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 courts 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 Workmens
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


JUDICIAL
HALL OF JUSTICE PUISNE RULINGS JUDGMENTS ORDERS
OFFICERS
BEYOND
JUST BALANCE OF
DECISIONS JUSTICE JURY REASONABLE
SOCIETY PROBABILITIES
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:
Hearing many of the sensitive, long or complex cases in the
Magistrates Courts and in particular extradition and special
Chief Magistrate jurisdiction cases.
Her Worship
Marcia Ayers-Caesar 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:

CHIEF SENIOR DEPUTY CHIEF PRELIMINARY


LICENCES
MAGISTRATE MAGISTRATE MAGISTRATE 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 Magistrates Court in districts throughout Trinidad and Tobago. There are twelve magisterial
districts and a Magistrates 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 MagistratesCourt.
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 persons arrest.

Typical Magistrates Court Process


Filing/Lis)ng

Service
Notification
No)ca)on
Service

Listing/
Calendaring

Enforcement
ICT Direc)ons/
First Hearing

Trial/ Deci-
Order
Trial/Decision/ Alternative
Notification
Judgement sion/ Judg-
Pre Order
Trial Review
Dispute
Warrant
ment 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 complainants 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 Courts 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 CRIMINAL CIVIL FAMILY CHARGES DIVORCE
COMMISSION
APPELLATE PRIVY ORIGINAL
BURDEN OF PROOF PRIMA FACIE APPEAL
JURISDICTION COUNCIL JURISDICTION

POLICE SUMMARY
VERDICT COMPENSATION SANCTION OFFENCES
PROSECUTOR TRIAL
SUMMARY
SEXUAL FAMILY
PROSECUTED IN CAMERA CRIMINAL COMMON ASSAULT
OFFENCES MATTERS
OFFENCES
DOMESTIC
LARCENY INDICTABLE MURDER TREASON ASSAULT
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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Lets 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.

3 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.

3 Court of Appeal

2 High Court

1 Petty Civil Court

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Typical Civil High Court Process

Filing/Lis)ng

Service
No)ca)on

Listing/
Calendaring

Enforcement
ICT Direc)ons/
Directions/
First Hearing
Hearing

Trial/Decision/ Alternative
Pre Trial Review
Judgement 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.
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 Judges
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

Marshals 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 Through the use of a machine called a Stenograph


(Computer Aided Transcriptionist) 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

Queens/Senior Counsel The title of Senior Counsel is given to Senior attorneys


in some Commonwealth countries. It is typically
equivalent to Queens 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
Queens 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 prisoners 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 defendants 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

CAT Reporter Marshals Assistant


JSO

Queens & Senior Counsel


Witness Box
Prosecution Defence (Present Evidence)
(argue the case)

Junior Attorney Witness


will sit
Prosecution Defence here
after
(argue the case)
giving
Prisoners Dock
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 an-


nouncing 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 nec-
essary arrangements are made to ensure that all re-
sources are available and the Courtroom is ready for
the hearing of matters.

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Job Title Job Function

The CAT Reporter Through the use of a machine called a Stenograph


(Computer Aided Transcriptionist) 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 Registrars 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 Workmens 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

Queens Counsel/ Senior Counsel The title of Senior Counsel is given to Senior attorneys
in some Commonwealth countries. It is typically
equivalent to Queens 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
Queens 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

Court Reporter
JSO

(Argue the case)


Witness Box
Queens & Senior Counsel (Present Evidence)
Claimants Defendants
Counsel Counsel

Witness
will sit
Junior Attorney
here
Claimants Defendants after
Counsel Counsel 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.

Lets examine a case that can be brought before the Magistrates Court
Harrys 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 Harrys 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 NON-VIOLENT
APPEAL PRIVY COUNCIL OFFENCES SUMMONS
COURT OFFENDERS

CARIBBEAN
TREATY OF INTERNATIONAL
LEAVE (PERMISSION) PROSECUTOR COURT OF
CHAGUARAMAS COURT
JUSTICE

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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 Drivers Permit Application for Liquor License
Legal Aid Applications Special Events License (e.g. Carnival)
Bail Protection Orders

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Magistrates Court

MAGISTRATES
Notetaker Magistrate
DAIS

Witness Box
(Present Evidence)

Police Prosecutors Lawyers

(argue the case) Probation


Officer
Prisoners 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 persons 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 juveniles 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 YOUR
DEFENDANT
WORSHIP HONOUR

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QUEST & QUIZ

Lets see how well you remember what you read.


Instructions: Insert the missing letters

1. What is the name of the third arm of state?


J U D C R Y
2. Who makes statutes?
P R L A E N
3. What is the name given to the Head of the Judiciary?
C I E F U S I C E
4. What is the best way to describe the structure of the courts?
I E R C A L
5. What is the name of the lowest court?
G S T R A S
6. What is the Judiciary responsible for?
A D M T R A O F T I C E

7. Name at least one officer of the Court.


M S E
8. Name one officer of the Lower Court/Magistracy.
M G S 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
The person who is charged with
Judge breaking the law
The person who records everything in
Court Security Officer court
The person who helps the accused in
Defence Lawyer court
12 people who decide together if the
Court Reporter accused is guilty or not
The person who tells the judge about
Jury something that happened
The person who listens to all the
Witness 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 I O Q U C U T S R A
D I V O R C E R C I V I L W R
I R Y V F J K U M O L X K S 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 Q B N Y U A
U Z R N D C B C B Z N Z S O L
T Y X I A G R F E P T X Z E G
E B Q M M K M E X R O R X T L
C Q T H A I H E T B O E R K Q
A X H Q G V N Z N R H U N Y Z
W I T N E S S A U T O V W A J
E K A L S T U J L C R P R B Q
P R O S E C U T O R S L E T L
P E T T Y R A N I M I L E R P
Accuse Damages Juror Preliminary
Charge Dispute Jury Prosecutor
Civil Divorce Marshal Report
Criminal Guilty Oath Subpoena
Compensation Judges Officer Witness
Counsel Judgment Petty

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HISTORICAL INFORMATION
Chief Justices Past and Present

The Right Honourable


Sir. Hugh Wooding T.C., K.B.

PERSONAL DATA
Surname Wooding
Other names Hugh Olliviere Beresford
Date of birth 1904.01.14
Place of birth Trinidad
Secondary Education Queens Royal College
Died 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 contd

The Honourable
Sir Arthur Mc Shine T.C., K.B.

PERSONAL DATA
Surname Mc Shine
Other names Arthur Hugh
Place of birth Trinidad
Secondary Education Queens Royal College
Died 1983.06.10

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
Honours Received the Queens 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 contd

The Honourable
Sir Isaac Hyatali T.C., K.B.

PERSONAL DATA
Surname Hyatali
Other names Isaac Emanuel
Date of birth 1917.11.21
Secondary Education Naparima College
Died 2000.12.02

PROFESSIONAL DATA
Admitted to practise Grays 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 contd

The Honourable
Mr. Justice Cecil Kelsick T.C.

PERSONAL DATA
Surname Kelsick
Other names Cecil Authur
Date of birth 1938
Place of birth 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 contd

The Honourable
Mr. Justice Clinton Bernard T.C.

PERSONAL DATA
Surname Bernard
Other names Clinton
Date of birth 1931.05.31
Place of birth Trinidad
Secondary Education Osmond High School

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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HISTORICAL INFORMATION
Chief Justices Past and Present contd

The Right Honourable


Mr. Justice Michael de la Bastide T.C.

PERSONAL DATA
Surname de la Bastide
Other names Michael
Date of birth 1937.07.18
Place of birth Trinidad
Secondary Education St. Marys College, Port-of-Spain

PROFESSIONAL DATA
Admitted to practise Oxford Grays Inn -1961
Silk Q.C. - 1975
C.J. Appointment 1995.05.31
Retired 2002.07.18

Honours Trinity Cross [1996]

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HISTORICAL INFORMATION
Chief Justices Past and Present contd

The Honourable
Mr. Justice Satnarine Sharma
T.C, C.M.T.

PERSONAL DATA
Surname Sharma
Other names Satnarine
Date of birth 1943.01.24
Place of birth Trinidad
Secondary Education Hillview College
Naparima College

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]

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HISTORICAL INFORMATION
Chief Justices Past and Present contd

The Honourable
Mr. Justice Ivor Archie O.R.T.T

PERSONAL DATA
Surname Archie
Other names Ivor
Date of birth 1960.08.18
Place of birth Tobago
Honours Order of the Republic of
Trinidad & Tobago

PROFESSIONAL DATA
Honours 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 That the Hall of Justice in Port of Spain,
for the last time on Friday October 5th, 1979 to Trinidad was designed by Anthony Lewis
pay tribute to a brother judge, the late Justice Errol and Partners with the British firm Howell,
Roopnarine who died on September 11 during the Killick, Partridge & Amis; the foundation
court vacation. stone was laid in 1.11.1979 and the
ceremonial opening was 21.09.1985.
Did you know?
Did you know?
The 30th October 1987 was the first time
all law graduates were admitted to practice That the Hall of Justice, Harris Promenade,
at the local bar in one sitting of the High San Fernando was opened in November
Court. 1993.
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.

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.

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Did you know? Did you know?


Her Worship Chief Magistrate Marcia The Appeal Court sat in San Fernando for the first
Ayers-Caesar is the first woman to be time in May 1974.
appointed Chief Magistrate of Trinidad
and Tobago. Did you know?
She was appointed on September 20th The first female Magistrate was Mrs. Gladys Ramseran
2010. who was appointed to the position on January 3rd
1948. 1
Did you know?
That Mr. Melville Baird Did you know?
was the first magistrate The first female judge was Mrs. Justice Elizabeth
to be appointed to the Bourne-Hollands in 1972 became the first female
High Court bench after Judge of the Supreme Court in Trinidad & Tobago.
Independence in 1962.
He was appointed in
1993. Did you know?
Mr. Baird became a That Justice Jean Permanand in 1983 became the
magistrate in 1970 and countrys second female High Court Judge. She was
the Chief Magistrate in appointed as the first female judge of the Court of
1988. Appeal in 1993.

Did you know? Did you know?


That Mr. Karl de la Bastide was the first solicitor to be 1st Criminal Court, San Fernando (pictured below) is
appointed a Magistrate in Trinidad and Tobago. 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
Trinidad and Tobago Year Book 1965-66

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QUEST & QU IZ

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 partiespo-
sitions 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 courts 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 parts 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 prosecu-
tion, 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 poten-
tial solutions and bringing about a negotiated settlement.

Decision The passing of judgment on an issue under consideration.

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QUEST & QU IZ

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 Generally refers to serious offences such as rape, murder, treason which is subject to a
criminal matters 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 ac-
cused of breaking the law.

Puisne Judge (puisn or pun, 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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QUEST & QU IZ

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 persons belief that a
person is guilty.

Rules Rules are guidelines that are provided to maintain the smooth functioning of an organ-
isation 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
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Whats 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

Whats 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
courts 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 Hierarchical Master
Parliament Magistrates Magistrate
Chief Justice Administration of Justice

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.

J U D G
find the words
E S E G R H A C O N M

V E L C N I O Q U C U T S R A

D I V O R C E R C I V I L W R

I R Y V F J K U M O L X K S 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 Q B N Y U A

U Z R N D C B C B Z N Z S O L

T Y X I A G R F E P T X Z E G

E B Q M M K M E X R O R X T L

C Q T H A I H E T B O E R K Q

A X H Q G V N Z N R H U N Y Z

W I T N E S S A U T O V W A J

E K A L S T U J L C R P R B Q

P R O S E C U T O R S L E T L

P E T T Y R A N I M I L E R P

52
JUDGES OF THE
SUPREME COURT OF JUDICATURE
The Honourable Mr. Justice Ivor Archie O.R.T.T The Honourable Mr. Justice Jack
Chief Justice and President of the Court of Appeal The Honourable Mme. Justice Alexis-Windsor
The Honourable Mme. Justice Smart
The Honourable Mr. Justice Hannays
The Honourable Mme. Justice Kangaloo
JUSTICES OF APPEAL
The Honourable Mr. Justice Mendona
The Honourable Mme. Justice Weekes MASTERS OF
The Honourable Mr. Justice Jamadar THE HIGH COURT
The Honourable Mme. Justice Yorke-Soo Hon
The Honourable Mr. Justice Bereaux Master Brenda Paray-Durity
The Honourable Mr. Justice Narine Master Patricia Sobion Awai
The Honourable Mr. Justice Smith Master Martha Alexander
The Honourable Mme. Justice Rajnauth-Lee
The Honourable Mr. Justice Moosai
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
DEPUTY REGISTRAR
The Honourable Mme. Justice Dean-Armorer AND MARSHAL
The Honourable Mme. Justice Gobin
Ms. Jade Rodriguez
The Honourable Mme. Justice Jones
The Honourable Mme. Justice Charles
The Honourable Mme. Justice Pemberton
The Honourable Mr. Justice Devan Rampersad ASSISTANT REGISTRAR AND
The Honourable Mr. Justice Henderson
The Honourable Mr. Justice Rajkumar
DEPUTY MARSHAL
The Honourable Mr. Justice Des Vignes Mr. Toolsie Ramdin
The Honourable Mr. Justice Kokaram Ms. Claudette Barrington
The Honourable Mr. Justice Boodoosingh Ms. Margaret Sookraj-Goswami
The Honourable Mme. Justice Brown-Antoine Mrs. Simone Hosein
The Honourable Mr. Justice Devindra Rampersad Mrs Nirala Bansee-Sookhai
The Honourable Mr. Justice R. Mohammed Mrs. Shabiki Cazabon
The Honourable Mme. Justice Ramkerrysingh Ms. Lonette Duane- Diamond
The Honourable Mr. Justice St. Clair-Douglas Ms. Marissa Ramdass
The Honourable Mr. Justice Rahim Ms. Tricia Bhagwandeen-Sadho
The Honourable Mr. Justice Aboud Ms Candice Cielto-Jones
The Honourable Mr. Justice Harris Mr Vigel Paul
The Honourable Mme. Justice Lambert-Peterson Ms Kerri Ann Olliverie
The Honourable Mme. Justice Wilson
The Honourable Mr. Justice Seepersad
The Honourable Mme. Justice Paul

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