JUDICIARY TRINIDAD AND TOBAGO

ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

A Student’s Guide to the Judiciary JUDICIARY TRINIDAD AND TOBAGO

ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

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 1: The Three (3) Arms of the State which is Headed by the President The Three (3) Arms of the State which is headed by the President 4 JUDICIARY TRINIDAD AND TOBAGO

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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. 5 JUDICIARY TRINIDAD AND TOBAGO

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Court of Appeal Chief Justice - President 12 Justices of Appeal (excluding Chief Justice)

High Court of Justice (4 Locations: Hall of Justice POS, Family Court, San Fernando & Scarborough) 30Puisne Judges,3 Masters of the High Court, 1 Registrar, 1 Deputy Registrar, 12 Assistant Registrars Magistracy (12 Districts, 13 Locations)

Chief Magistrate 14 Senior Magistrates, 44 Magistrates

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. 6 JUDICIARY TRINIDAD AND TOBAGO

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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 of Trinidad and Tobago 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 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 9 JUDICIARY TRINIDAD AND TOBAGO

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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. 10 JUDICIARY TRINIDAD AND TOBAGO

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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 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 finalVERDICT 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 13 JUDICIARY TRINIDAD AND TOBAGO

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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

NotificationService No)fica)on Service

Listing/ Cale ndar ing

ICT Direc)ons/ Enforcement First Hearing

Trial/ Deci- Trial/Decision/Order A lt er nat iv e Notification sion/Pre Order Judg Trial - Review Judgement Warrant Dispute 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 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 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 16 JUDICIARY TRINIDAD AND TOBAGO

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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.

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)fica)on

Listing/ Cale ndar ing ICT Enforcement Direc)ons/ Directions/ FirstHearing Hearing

Trial/Decision/ A lt er nat iv e Judgement Pre Trial Review 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 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 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

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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

Court Room Layout – Criminal High Court

JUDGE

Orderly

The Jury

CAT Reporter Marshal’s Assistant JSO

Queen’s & Senior Counsel Witness Box Prosecution Defence (Present Evidence) (argue the case)

Junior Attorney Witness will sit Prosecution Defence here after (argue the case) giving Prisoner’s Dock evidence

Police Officers

Public Gallery & Media

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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

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 Registrar’s Chamber Courts in which specific types of post-trial and some pre-trial applications 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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

Court Room Layout – Civil High Court

JUDGE

Court Reporter JSO (Argue the case) Witness Box

Queen’s & Senior Counsel (Present Evidence) Claimant’s Defendant’s Counsel Counsel

Witness will sit Junior Attorney here Claimant’s Defendant’s after Counsel Counsel giving evidence

Persons related to matter

Public Gallery & Media (covers the trial)

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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

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 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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

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

30 JUDICIARY TRINIDAD AND TOBAGO

ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

Magistrate’s Court

MAGISTRATE’S Notetaker Magistrate DAIS

Witness Box

(Present Evidence) Police Prosecutors Lawyers

(argue the case) Probation 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 with supervising juvenile delinquents. In juvenile matters 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 YOUR DEFENDANT WORSHIP HONOUR

34 JUDICIARY TRINIDAD AND TOBAGO

ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition FunFun PPageagQUESTe & 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? 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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ 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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ find the the words 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 37 JUDICIARY TRINIDAD AND TOBAGO

ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ 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 Queen’s 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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ HISTORICAL INFORMATION Chief Justices Past and Present cont’d

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 Queen’s 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 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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ HISTORICAL INFORMATION Chief Justices Past and Present cont’d

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 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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ HISTORICAL INFORMATION Chief Justices Past and Present cont’d

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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ HISTORICAL INFORMATION Chief Justices Past and Present cont’d

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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ HISTORICAL INFORMATION Chief Justices Past and Present cont’d

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. Mary’s College, Port-of-Spain

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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ HISTORICAL INFORMATION Chief Justices Past and Present cont’d

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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ HISTORICAL INFORMATION Chief Justices Past and Present cont’d

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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

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 country’s 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. 1Trinidad and Tobago Year Book 1965-66

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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

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’ po- 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 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 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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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 (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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

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 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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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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ART/ ESSAY & POST ER SHORT STORY W O R D Competition Competition QUEST & QUIZ

ANSWER PAGE FunFun PPageage 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. find the the words words 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

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 JUSTICES OF APPEAL The Honourable Mme. Justice Kangaloo The Honourable Mr. Justice Mendonça 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 DEPUTY MARSHAL The Honourable Mr. Justice Rajkumar 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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