Judiciary of Barbados

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Lua error in package.lua at line 80: module 'strict' not found. The Judiciary of Barbados is an independent branch of the Barbadian government, subject only to the Barbadian Constitution. It is headed up by the Chief Justice of Barbados.[1] Barbados is a common law jurisdiction, in which precedents from English law and British Commonwealth tradition may be taken into account.[2]

Structure

A simplified diagram of the Barbados government

There are three levels of courts in Barbados, structured as follows:

  • The Magistrates' Courts
  • The Supreme court, made up of:
    • The High Court
    • The Court of Appeal

The Magistrates' Courts (lower court) have of summary jurisdiction dealing with civil, family, and criminal matters. But can also take up matters dealing with Corornor's Inquests, Liquor Licences, and civil marriages. The Magistrates' Courts also deal with Contract and Tort law where claims do not exceed $10,000.00.[3]

The Magistrate courts in Barbados include:

  • District A | Bridgetown, Saint Michael
    • Criminal Court
    • Traffic Court
  • District A & C | Saint Matthias, Christ Church
  • District B | Saint George
  • District B | Oistins, Christ Church
  • District C | See under Saint Matthias
  • District D | Saint Thomas & District F (Belleplaine, Saint Andrew)
  • District E | Speightstown, Saint Peter
    • Holetown, Saint James
  • District F | Saint Joseph

Supreme Court of Judicature

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Main article: Supreme Court of Judicature (Barbados)

The High Court has a more expansive jurisdiction than the magistrates courts - dealing with serious civil and criminal matters and together with the Court of Appeal, acting as a Court of Appeal for matters coming from the magistrate courts. The Court of Appeal may also hear appeals from the High Court. The High Court and the Court of Appeal make up the Supreme Court. It may sit as a single Justice of Appeal in Chambers, or as Full Court of three Justices of Appeal.

All criminal cases (both summary and indictable) commence in the Magistrates' Court. Summary cases are heard in full by the Magistrates' Court. Indictable cases proceed to the High Court after a preliminary inquiry is conducted to determine that there is a prima facie case to answer. Once judgement is passed, a case may be appealed by either party and will then proceed to the Appeal Court.[4] The number and severity of criminal cases dealt with by each level of the courts varies, as does the level of detail that is recorded (specifically the reasons for adjournment).[3][5]

Further appeals

Barbados is one of three nations (along with Guyana and Belize), that recognises the Caribbean Court of Justice as their final court of appeal. In matters of human rights, Barbados is one of a handful of countries in the Americas, and the only one in the Anglophone Caribbean that fully accepts judgements by the Inter-American Court of Human Rights.[6] In recent months some pressure has been placed on the government to withdraw[7][8] from the Inter-American Court.[9][10][11][12][13] Like Trinidad and Tobago, Barbados applied for reserve powers[14] dealing with death penalty (for persons convicted of murder) as these laws were aspects statutory law inherited from the United Kingdom.[15] The government of the Republic of Trinidad and Tobago who was unsure of receiving such a waiver and formally withdrew its intent of ratification to the IACHR.[16][17][18] It appears unlikely that Barbados will be granted such a waiver per recent statements by the IACHR.[19]

Recent polls in Barbados have showed favourable support for the return of capital punishment to general usage for persons convicted of murder. This of course is only carried out after a lengthy process of appeals.[20] In sharp contrast to Barbados, Jamaica, The Bahamas, and Trinidad and Tobago also all within CARICOM instead utilizes the jurisdiction of the European Court of Human Rights.

Criticism

Court 3 in Middlesex Guildhall, the normal location for Privy Council hearings

In the 1990s the Judicial Committee of the Privy Council (of the United Kingdom), ruled that Barbados' Constitution was clear with respect to the death penalty.[21] However, it ruled that to carry out such sentences it required that Barbados and other Caribbean Islands carry out trials at a quicker pace.[22] In response to this verdict, the Barbados government announced that the country would be leaving the jurisdiction of the Privy Council and would further consider becoming a republic.[23] Since then, calls have continued to be made by members of the local legal profession ridiculing the length of time which court cases in Barbados take to be fully adjudicated.[24] Other criticism has been that the court process was appearing to be breaking down.[25][26][27][4]

Since Barbados left the jurisdiction of the JCPC, similar sentiments have been expressed and re-iterated in 2010 by the Caribbean Court of Justice which Barbados replaced the JCPC with.[24]

In 2011 Owen Arthur, the Leader of the Opposition announced that the BLP would not support [5],[6] the ruling party's goals to amend Barbadian law to allow for the appointment of Marston Gibson as the next Chief Justice of Barbados.[7][8] Questions surround the fact that Mr. Gibson has not maintained the requisite 15 years of practice as an attorney-at-law in Barbados.[9][10] The governing DLP maintains that it plans to proceed as planned by amending that stipulation from the Barbados Supreme Court Judicature Act.[28][11]

See also

References

  1. ↑ Law Courts of Barbados - Personnel
  2. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  3. ↑ 3.0 3.1 Lua error in package.lua at line 80: module 'strict' not found. Cite error: Invalid <ref> tag; name "court" defined multiple times with different content
  4. ↑ Barbados' criminal court system, including appeals to the CCJ and the Inter-American Court of Human Rights.
  5. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ [1]
  7. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  8. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  9. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  12. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  13. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  14. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  16. ↑ [2]
  17. ↑ [3]
  18. ↑ The Legal Implication of Trinidad and Tobago's Withdrawal From The American Convention On Human Rights
  19. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  21. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  22. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  23. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  24. ↑ 24.0 24.1 Lua error in package.lua at line 80: module 'strict' not found.
  25. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  26. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  27. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  28. ↑ Lua error in package.lua at line 80: module 'strict' not found.

External links

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