Trinidad and Tobago Legal System

Trinidad and Tobago is a parliamentary democracy whose constitution dates back to 1 August 1976. The country`s legal system is based on English common law. All Sininois in Trinidad and Tobago, men and women, have the right to vote; Men between the ages of 15 and 49 are considered fit for military service. The country`s head of state is a president elected by an electoral college composed of members of the House of Representatives and the Senate for a five-year term. The head of government is a prime minister, usually the leader of the majority party in the House of Representatives after elections, who is appointed from among the heads of the members of parliament. The executive branch at the national level also includes a cabinet of ministers, which is also elected by their parliamentary colleagues. The judiciary is a hierarchical system consisting of a Supreme Court, a magistrate and a family court. [1] [2] The President of the Supreme Court is the head of the judiciary and is appointed by the President on the advice of the Prime Minister and the Leader of the Opposition; [3] The current Chief Justice is Ivor Archie. [4] The Supreme Court consists of a Supreme Court and a Court of Appeal,[5] while the judiciary consists of separate criminal and civil courts with original jurisdiction and is headed by a Chief Justice. [2] Despite the economic problems of the 1980s and early 1990s, Trinidad and Tobago was a relatively stable democracy in 2001. The country has received significant development assistance from international organizations, as well as intergovernmental and non-governmental organizations, to develop its infrastructure, support its growing oil economy and develop its human resources. In 2000, three World Bank projects were under way in Trinidad and Tobago, including one in the area of basic education, launched in 1995, aimed at strengthening all aspects of the islands` education system.

In addition, a Bank-financed social and youth development project was launched in the 2000-2001 school year to create and improve programmes for poor youth and to develop and support better strategies and programmes for school enrolment and retention. About 30% of high school-age students did not attend school, largely due to economic and space constraints. The Bank`s project aimed to encourage more young people to participate in better quality educational programs tailored to their academic needs and to provide them with vocational training for employment. The information and content on this website are provided for general information purposes only and do not constitute legal or professional advice. The legal information or content on this website relates only to the laws of Trinidad and Tobago, which may differ from yours. You should not take any action based on the information contained on this website without first obtaining appropriate legal advice in relation to your specific matter. The judiciary of the Republic of Trinidad and Tobago, headed by the Chief Justice, consists of the Supreme Court and the judiciary. The judiciary is the third branch of the State. As in most democratic countries, the judiciary is established by the Constitution to operate independently of the executive branch as a forum for the speedy settlement of disputes between individuals and businesses, including the State. The judicial system is based on English common law. The Supreme Court consists of the Supreme Court and the Court of Appeals and has offices in Port of Spain, San Fernando and Tobago.

The Court of Appeal is presided over by the Chief Justice and hears appeals from the High Court and the Magistrates` Courts. In certain circumstances, an appeal may be made to the Privy Council of the United Kingdom. Democratic elections for the 41 members of the House of Representatives must be held at least every five years. Elections may be called earlier by the President at the request of the Prime Minister or after a vote of no confidence in the House of Representatives. The 31 members of the Senate are appointed by the President: 16 on the advice of the Prime Minister, 6 on the advice of the Leader of the Opposition and 9 independents appointed by the President (at his discretion) from among prominent members of the community. There is a system of local government: elected councils manage the nine regional, two municipal and three district societies of Trinidad. Since 1980, the Tobago House of Assembly has governed Tobago with limited jurisdiction over local affairs. The country`s judicial system consists of a three-tier system of courts, the first being the High Court, the second the Court of Appeal, and the highest court being the Judicial Committee of the Privy Council in London. The member states of the Caribbean Community („CARICOM“) have selected Trinidad and Tobago as the seat of the new Caribbean Court („CCJ“), which will eventually replace the Judicial Committee of the Privy Council as the final court of appeal of Trinidad and Tobago and all CARICOM states. The CJC heard its first case in August 2005.

Although it is based in Port of Spain, Trinidad and Tobago has not enacted the necessary domestic legislation to establish the Caribbean Court as a court of last resort. The judicial system follows the model of the United Kingdom, with some local differences. The Supreme Court of Justice consists of the High Court of Justice and the Court of Appeal. The first consists of a chief justice and 10 puisne judges. Its jurisdiction and practices and procedures are closely aligned with those of the High Court of Justice of England. Civil actions and proceedings are usually heard by a single judge of the High Court, but may be heard by a nine-member jury. A High Court judge with a jury of 9 to 12 members convicts the crimes. The Court of Appeal is composed of the Chief Justice and three other judges. Minor offences are dealt with by district courts, including traffic courts. The judicial system also includes the Labour Court and the Tax Appeals Chamber, as well as a system of courts of first instance. All criminal cases are first referred to a district court.

Appeals can be made to the Court of Appeal and were made before 2003 to the Judicial Committee of the Privy Council in the United Kingdom. On June 9, 2003, Caribbean leaders met in Kingston, Jamaica, to ratify a treaty establishing the Caribbean Court (CJC). The first meeting of the YAC was scheduled for November 2003. Eight countries – Barbados, Belize, Dominica, Guyana, Jamaica, Saint Lucia, Saint Vincent and the Grenadines and Trinidad and Tobago – have formally endorsed the CCJ, although 14 countries have planned to appeal to the court. No assurance or warranty is given as to the suitability, timeliness, completeness and/or accuracy of the information and other content contained on this website. Please note that legal information and content can quickly become out of date and we make no commitment to keep this website up to date. Any liability for loss or damage of any kind arising from access to and use of the information and/or content of this website is excluded to the extent permitted by law. The legislature of Trinidad and Tobago at the national level of government consists of a bicameral parliament consisting of the House of Representatives and the Senate. The House of Representatives has 36 members elected by universal suffrage for a term of 5 years; The Senate has 31 members appointed by the President for a term of up to 5 years. The third branch of the national government, the judiciary, consists of a Supreme Court, consisting of the Supreme Court and the Court of Appeal.

Judges are recommended by the Prime Minister and appointed by the President. The islands are administered at the local level through a system of eight counties, three municipalities and one district (Tobago). The law of Trinidad and Tobago is based on the Common Law of England and the General Statutes in force in England in 1848, as amended by subsequent local laws. Local legislation is often derived from or based on English laws (and more recently other Commonwealth countries, mainly Canada). The final court of appeal for civil and criminal proceedings is the Judicial Committee of the Privy Council of the United Kingdom. Principles derived from court decisions in the United Kingdom and other Commonwealth countries, particularly other Caribbean Commonwealth islands, Canada, Australia, India and New Zealand, while not strictly binding, are considered persuasive by local courts when they are relevant to local cases.