Annual Report of the Judiciary of Trinidad and Tobago 2012-2013 Annual Report 2012-2013 | Page 11

Introduction

The Supreme Court of Judicature

The Magistracy

The Judiciary of the Republic of Trinidad and Tobago, as
created under the country’s Constitution is the third arm of
the State, wholly independent of the other two: the Executive and the Parliament. It comprises the Supreme Court of
Judicature and the Magistracy. There are two divisions of
the Supreme Court of Judicature. They are the Appeal
Court and the High Court. This structure is provided for
under Section 99 of the Constitution which states that
“there shall be a Supreme Court of Trinidad and Tobago consisting of a High Court and a Court of Appeal with such jurisdiction and powers as conferred on these Courts respectively by this
Constitution or any other law.”

The High Court exercises original jurisdiction over indictable criminal matters, family matters, and in civil matters
(inclusive of interlocutory applications and informal
motions in Chamber Courts). The Court of Appeal has
appellate jurisdiction over both the Magistracy and the
High Court, inclusive of the Magisterial and High Court
Sections of the Family Court. At present, an appeal from
the Court of Appeal in Trinidad and Tobago lies to the Privy
Council, as of right or with the leave of those Courts. The
Supreme Court operates in Port of Spain, San Fernando
and Scarborough, Tobago. Section 6 (1) of the Supreme
Court of Judicature Act provides that Judges of the Court of
Appeal shall be the Chief Justice who shall be President,
and 12 other Justices of Appeal. Section 5 (1) of the Act
provides that there shall be no more than 36 Puisne Judges
other than the Chief Justice. There are also three Masters of
the High Court who have similar jurisdiction to Judges of
the High Court sitting in Chambers, except for matters
where statute expressly limits their jurisdiction (such as in
the exercise of powers to imprison or to grant interlocutory
injunctions).

The Courts of Summary Jurisdiction and the Petty Civil
Courts fall under the Magistracy. These Courts are
established respectively under the Summary Courts Act,
Ch. 4:20 and the Petty Civil Courts Act, Ch. 4:21 of the
Laws of Trinidad and Tobago. The Magistracy exercises
original jurisdiction in relation to summary criminal
matters. The Magistrates’ Courts also facilitate Preliminary
Inquiries into serious criminal matters to determine
whether a prima facie case has been established against an
accused person before he or she can be indicted for trial at
the High Court Division of the Supreme Court. The Petty
Civil Court Division of the Magistracy deals with civil
matters involving small money claims of less than
$15,000.00. There are 12 Magisterial districts – St George
West (Port of Spain including the Family Court), St George
East (Tunapuna), Arima, North Eastern Counties (Sangre
Grande), South Eastern Counties (Mayaro), South Western
Counties (Rio Claro), Victoria East (Princes Town), Victoria
West (San Fernando), St Patrick East (Siparia), St Patrick
West (Point Fortin/Cedros), Couva, Caroni (Chaguanas)
and Tobago. These districts are serviced by a complement
of 13 Senior Magistrates and 42 Magistrates under the
Chief Magistrate and Deputy Chief Magistrate. Some
districts are served by more than one Magistrates’ Court.

The core business of the Judiciary is the resolution of
disputes in accordance with the laws of the Republic of
Trinidad and Tobago. These disputes may arise in the
following ways:
• between private persons (corporate and individual)
• between private persons and public bodies
• between persons and the State (criminal, civil
and constitutional).

Honourable Justices of Appeal:
Front Row (l-r) Mme Justice Rajnauth Lee, Mr Justice Archie,
Mme Justice Yorke-Soo Hon. Back Row (l-r) Mr Justice Jamadar,
Mr Justice Mendonca, Mr Justice Narine, Mme Justice Weekes,
Mr Justice Smith, Mr Justice Bereaux.
Missing: Mr Justice Moosai who was recently appointed

9

Reshaping the

Judiciary Identity