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Students Guide To The Judiciary PDF
Students Guide To The Judiciary PDF
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A Student’s Guide to
the Judiciary
JUDICIARY
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A publication of the
Court Protocol & Information Unit
2013
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Table of Contents
General Introduction___________________________________________________________ 4
Who we are___________________________________________________________________ 4
Establishment of Courts______________________________________________________________ 5
Structure of the Judiciary_________________________________________________________________ 5
The Hall of Justice_______________________________________________________________________ 6
Supreme Court of Judicature________________________________________________________________ 8
Judges and Judicial Officers of the Supreme Court ___________________________________________ 10
Magistrates___________________________________________________________________________ 11
How Judicial Officers are appointed_______________________________________________________ 11
Qualifications for appointment___________________________________________________________ 11
The High Court________________________________________________________________________ 11
Court of Appeal________________________________________________________________________ 12
What we do__________________________________________________________________ 12
The Supreme Court of Judicature_____________________________________________________ 12
The Appellate (Appeals) Process__________________________________________________________ 12
The Magistracy__________________________________________________________________________ 13
Petty Civil Matters______________________________________________________________________ 13
Criminal Matters_______________________________________________________________________ 13
Family Court_____________________________________________________________________________ 15
Court-Annexed Mediation_______________________________________________________________ 16
The Judicial Committee of the Privy Council___________________________________________________ 17
The Caribbean Court of Justice (CCJ)_________________________________________________________ 17
The Criminal Court Roles________________________________________________________________ 20
Roles of the Supreme Court Staff__________________________________________________________ 25
Drug Treatment Court Pilot______________________________________________________________ 29
Magistrates’ Court Staff__________________________________________________________________ 30
Fun Page_____________________________________________________________________________ 35
Matching Game________________________________________________________________________ 36
Find the Words________________________________________________________________________ 37
Historical Information_________________________________________________________ 38
Chief Justices Past and Present______________________________________________________________ 38
Historical Titbits________________________________________________________________________ 46
Glossary of Terms______________________________________________________________48
Members Of The Supreme Court Of Judicature _________________________________________________ 53
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GENERAL INTRODUCTION
All societies have disputes. To assist in resolving these DISPUTES, court structures were established. COURTS help
persons and entities who may have disagreements RESOLVE their issues FAIRLY and EQUITABLY while listening to
the concerns of everyone.
Courts exist to
• administer justice,
• uphold the right to liberty,
• enhance social order,
• resolve disputes,
• maintain rule of LAW,
• provide for equal protection,
• ensure due process of law, and,
• to ensure that the equality of individuals and the government is reality.
In Trinidad and Tobago the Judiciary of the Republic of Trinidad and Tobago is the INSTITUTION or court structure
which assists with the resolution of these disputes and other CONFLICTS in society.
WHAT WE DO
The Judiciary (as seen in Figure 1 below) is the third arm of the State – distinct from the EXECUTIVE and the
LEGISLATURE. The Legislative arm (the Parliament) is responsible for making and approving Laws. They examine,
debate, and vote on BILLS (proposed Laws) brought to Parliament.
The Executive arm is responsible for DRAFTING and executing the law. The Executive also decides on policies and
carries out those policies through government departments. The Judiciary is a defender of the CONSTITUTION it
interprets and applies the laws and delivers justice.
President
Head
of
the
State
Legislature
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.
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
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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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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.
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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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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 all other Matters eg. Family Matters from the Magistracy
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The Magistracy
The Magistracy exercises ORIGINAL JURISDICTION in relation to summary criminal matters, civil and family
matters. The Magistrates’ Courts also facilitate Preliminary Inquiries. The Magistracy is a very large part of the
Judiciary. There are more Magistrates’ Courts than High Courts. As a result, there is a Chief Magistrate who, under
the direction of the Chief Justice, oversees the Magistracy.
Magistrates sit in the Magistrate’s Court in districts throughout Trinidad and Tobago. There are twelve magisterial
districts and a Magistrate’s division of the Family Court.They function by examining facts and applying the relevant
laws to reach a final VERDICT or decision.
Facts are usually presented by lawyers. There are two sides to every case. However, in the Magistrates’ Courts,
a POLICE PROSECUTOR (a Police Officer who has attained the rank of Sergeant and above) usually presents the
facts in the majority of criminal matters. In some cases there are no lawyers or police at all and private individuals
represent themselves. These are usually minor cases. In all serious matters like murder, the prosecutor is an
attorney from the office of the Director of Public Prosecutions.
The Magistrates’ Court is the hub of the Judiciary it is where most disputes are resolved. In the case of criminal
matters, this is where all matters or cases commence. In addition to criminal matters, Magistrates also hear some
civil cases and family disputes.
Criminal Matters
If citizens are charged in any criminal activity, (i.e. that they have done something which the law forbids and where
the aim is to SANCTION the offender), the matter must first appear before a Magistrate. The first issue to be
addressed is whether bail is to be granted. In cases such as murder, bail cannot be granted at all.
Some cases can only be tried in the Magistrates Courts. In these cases, the Magistrates can begin trial as soon as
possible. Examples of these cases are: road traffic breaches, obscene language, some types of assault and unlawful
possession of property.
There is a third category of criminal matter which can be tried either in the High Court or in the Magistrates’Court.
In these cases, the prosecutor is usually the one who recommends SUMMARY TRIAL (i.e. trial by a Magistrate).
If the person charged consents to summary trial, then the Magistrate can begin the trial. Otherwise, if the person
refuses, then the Magistrate will conduct a Preliminary Inquiry. Examples of these charges are possession of
dangerous drugs, possession of firearms, larceny and robbery then the matter is sent to the High Court.
Breaches of criminal law are called OFFENCES and the aim is to make the offender accountable.
While offenders may be brought before the Court by the police, other defendants are written to and requested to
attend court by a letter called a summons. The summons is a legal document issued by a court against a person
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advising him to appear before a court at a specific date and time as he is being sued and a case has been filed
against him, A person against whom a summons is addressed is called a defendant and has to appear in court on
the specified date. A summons is also called a writ. Failure to appear in court after being served a summons can
result in the Magistrate issuing a warrant for the person’s arrest.
Service
Notification
No)fica)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 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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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.
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
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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
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
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Filing/Lis)ng
Service
No)fica)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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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.
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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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.
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JUDGE
Orderly
The Jury
Police Officers
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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 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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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.
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JUDGE
Court Reporter
JSO
Witness
will sit
Junior Attorney
here
Claimant’s Defendant’s after
Counsel Counsel giving
evidence
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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?
CARIBBEAN
TREATY OF INTERNATIONAL
LEAVE (PERMISSION) PROSECUTOR COURT OF
CHAGUARAMAS COURT
JUSTICE
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Magistrate’s Court
MAGISTRATE’S
Notetaker Magistrate
DAIS
Witness Box
(Present Evidence)
Lawyers
Media
(argue the case)
Police Officers
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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.
Police Prosecutor A Police Officer who has attained the rank of Sergeant
and above who presents the facts in criminal matters.
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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.
YOUR YOUR
DEFENDANT
WORSHIP HONOUR
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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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HISTORICAL INFORMATION
Chief Justices Past and Present
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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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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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
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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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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
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HISTORICAL INFORMATION
Chief Justices Past and Present cont’d
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
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HISTORICAL INFORMATION
Chief Justices Past and Present cont’d
The Honourable
Mr. Justice Satnarine Sharma
T.C, C.M.T.
PERSONAL DATA
Surname 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
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HISTORICAL INFORMATION
Chief Justices Past and Present cont’d
The Honourable
Mr. Justice Ivor Archie O.R.T.T
PERSONAL DATA
Surname 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.
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GLOSSARY OF TERMS
Adjourned An adjournment is the suspension of proceedings to another time or place. To adjourn
means to suspend to a later time or place.
Adversarial An adversarial system is a legal system where two advocates represent their parties’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.
Assizes Periodic sessions of the High Court of Justice. The Assize courts are criminal courts that
deal with the most severe crimes.
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.
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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.
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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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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Statutes are a subset of Law. Laws that are passed by the legislative
branch become law and they are found in statute books.
The judicial branch interprets statutes, on appeal, and the
interpretations become “case law”. Case law can be found in the
court’s case books, called “Reports.” People are required to obey both
statutory and case law as they are the laws of the jurisdiction in which
they are enacted and interpreted.
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ANSWER PAGE
Fun Page
Judiciary 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 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
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