The Judiciary of Barbados is an independent branch of the
Barbadian government, subject only to the
Barbadian Constitution. It is headed by the
Chief Justice of Barbados. Barbados is a
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
jurisdiction, in which precedents from
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
and
British Commonwealth
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Co ...
tradition may be taken into account.
Structure
![Simplification of govt structure of Barbados(Republic)](https://upload.wikimedia.org/wikipedia/commons/7/7b/Simplification_of_govt_structure_of_Barbados%28Republic%29.png)
There are three levels of courts in Barbados, structured as follows:
*The magistrates' courts
*The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, made up of:
**The High Court
**The Court of Appeal
***
Caribbean Court of Justice
The Caribbean Court of Justice (CCJ; nl, Caribisch Hof van Justitie; french: Cour Caribéenne de Justice) is the judicial institution of the Caribbean Community (CARICOM). Established in 2005, it is based in Port of Spain, Trinidad and Tobago.
...
, which replaced the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
in 2005 in cases originating from Barbados.
The Constitution places the Caribbean Court of Justice at the pinnacle of the Barbadian judicial system. The Court has two types of jurisdictions: appellate jurisdiction and original jurisdiction.
In its appellate jurisdiction, the court serves as the final court of appeal from any decision given by the
Court of Appeal of Barbados in civil and criminal matters. In its original jurisdiction, the Caribbean Court of Justice is a court of first instance which applies rules of international law in respect to the interpretation and application of the Revised Treaty of Chaguaramas. In its original jurisdiction, it exercises both exclusive and compulsory jurisdiction in:
1. Disputes between contracting parties to the agreement establishing the Caribbean Court of Justice;
2. Disputes between any contracting party to the agreement and the Caribbean Community;
3. Referrals from national courts or tribunals of contracting parties to the agreement
4. Applications by persons in accordance with the Caribbean Court of Justice Act concerning the interpretation and application of the treaty.
The court also has exclusive jurisdiction: (i) to deliver advisory opinions concerning the application of the Treaty upon request of Contracting Parties or the Community; and (ii) where there is a dispute as to whether the Court has jurisdiction in a matter, to decide whether the court has such jurisdiction.
The jurisdiction of the Caribbean Court of Justice is exercised in accordance with Rules of Court governing proceedings in the court's appellate and original jurisdictions.
The magistrates' courts (lower court) have of
summary jurisdiction Summary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal ''brevi manu'' with contempts of court without the intervention of a jury. Probably the power was originally exercisable ...
dealing with civil, family, and criminal matters. But can also take up matters dealing with Coroner'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.
The magistrates' 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
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
A full court (less formally, full bench) is a court of law sitting with a greater than normal number of judges. For a court which is usually presided over by one judge, a full court has three or more judges; for a court which, like many appellate ...
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
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' (' ...
case to answer. Once judgement is passed, a case may be appealed by either party and will then proceed to the Appeal Court.
[Barbados' criminal court system](_blank)
including appeals to the CCJ and the Inter-American Court of Human Rights
The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a huma ...
. The number and severity of
criminal case
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
s dealt with by each level of the courts varies, as does the level of detail that is recorded (specifically the reasons for
adjournment
In parliamentary procedure, an adjournment ends a meeting. It could be done using a motion to adjourn.
A time for another meeting could be set using the motion to fix the time to which to adjourn. This motion establishes an adjourned meeting.
...
).
Further appeals
Barbados is one of four Commonwealth Caribbean countries (along with
Dominica
Dominica ( or ; Kalinago: ; french: Dominique; Dominican Creole French: ), officially the Commonwealth of Dominica, is an island country in the Caribbean. The capital, Roseau, is located on the western side of the island. It is geographically ...
,
Guyana
Guyana ( or ), officially the Cooperative Republic of Guyana, is a country on the northern mainland of South America. Guyana is an indigenous word which means "Land of Many Waters". The capital city is Georgetown. Guyana is bordered by the ...
, and
Belize
Belize (; bzj, Bileez) is a Caribbean and Central American country on the northeastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also shares a wate ...
), that recognises the
Caribbean Court of Justice
The Caribbean Court of Justice (CCJ; nl, Caribisch Hof van Justitie; french: Cour Caribéenne de Justice) is the judicial institution of the Caribbean Community (CARICOM). Established in 2005, it is based in Port of Spain, Trinidad and Tobago.
...
as their final
court of appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
. In matters of
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
, 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
The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a huma ...
. In 2011 some pressure was placed on the government to withdraw from the Inter-American Court. Like
Trinidad and Tobago
Trinidad and Tobago (, ), officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean. Consisting of the main islands Trinidad and Tobago, and numerous much smaller islands, it is situated south of ...
, Barbados applied for reserve powers dealing with
death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
(for persons convicted of murder) as these laws were aspects statutory law inherited from the United Kingdom. The government of the Republic of Trinidad and Tobago which was unsure of receiving such a waiver and formally withdrew its intent of ratification to the IACHR. It appears unlikely that Barbados will be granted such a waiver per recent statements by the IACHR.
Recent polls in Barbados have showed favourable support for the return of
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
to general usage for persons convicted of murder. This of course is only carried out after a lengthy process of appeals. In sharp contrast to Barbados,
Jamaica
Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of His ...
,
The Bahamas
The Bahamas (), officially the Commonwealth of The Bahamas, is an island country within the Lucayan Archipelago of the West Indies in the Atlantic Ocean, North Atlantic. It takes up 97% of the Lucayan Archipelago's land area and is home to ...
, and
Trinidad and Tobago
Trinidad and Tobago (, ), officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean. Consisting of the main islands Trinidad and Tobago, and numerous much smaller islands, it is situated south of ...
also all within CARICOM instead utilizes the jurisdiction of the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
.
Criticism
![Judicial Committee of the Privy Council court room 3 in United Kingdom Supreme Court](https://upload.wikimedia.org/wikipedia/commons/0/0f/Judicial_Committee_of_the_Privy_Council_court_room_3_in_United_Kingdom_Supreme_Court.jpg)
In the 1990s the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
(of the United Kingdom), ruled that Barbados' Constitution was clear with respect to the death penalty. However, it ruled that to carry out such sentences it required that Barbados and other Caribbean Islands carry out trials at a quicker pace. 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.
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.
Other criticism has been that the court process was appearing to be breaking dow
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.
In 2011
Owen Arthur
Owen Seymour Arthur, PC (17 October 194927 July 2020) was a Barbadian politician who served as the fifth prime minister of Barbados from 6 September 1994 to 15 January 2008. He is the longest-serving Barbadian prime minister to date. He also s ...
, the Leader of the Opposition announced that the BLP would not suppor
the ruling party's goals to amend Barbadian law to allow for the appointment of Marston Gibson as the next Chief Justice of Barbado
http://www.nationnews.com/articles/view/Gibson-eyed-for-Chief-Justice-post/] Questions surround the fact that Mr. Gibson has not maintained the requisite 15 years of practice as an attorney-at-law in Barbado
http://news.barbadostoday.bb/barticle.php?ptitle=No%20support%20from%20Bees&article=1648] The governing DLP maintains that it plans to proceed as planned by amending that stipulation from the ''Barbados Supreme Court Judicature Act''.
See also
*Legal systems of the world
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and ...
References
Further reading
Waiting to Exhale: Commonwealth Caribbean Law and Legal Systems
By Rose-Marie B. Antoine, Nova Law Review, Volume 29, Issue 2, 2005, Article 3.
External links
*
Barbados Criminal Court Structure
{{DEFAULTSORT:Judiciary Of Barbados
Government of Barbados
Law of Barbados