The judiciary of Gibraltar is a branch of the

Government of Gibraltar His Majesty's Government of Gibraltar is the democratically elected government of the British Overseas Territory of Gibraltar. The head of state is King Charles III who is represented by the Governor. Elections in Gibraltar are held every four ...

that interprets and applies the

law of Gibraltar The law of Gibraltar is a combination of common law and statute, and is based heavily upon English law. The ''English Law (Application) Act 1962'' stipulates that English common law will apply to Gibraltar unless overridden by Gibraltar law. How ...

, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Gibraltar is based on

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 is a mix of

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 ...

and

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

. The hierarchical system of courts includes a

magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cour ...

, a

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 ...

and a non-resident

appellate court 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 ...

Judicial Committee of the Privy Council

The highest

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 ...

for Gibraltar is 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 ...

London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...

, able to hear appeals from the Gibraltar Court of Appeal.

European Court of Justice

In relation to matters of European Community Law, the

European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...

is the highest authority.

European Court of Human Rights

Court of Appeal

The next highest court is the

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 ...

. This court is composed of an odd number of judges not fewer than three. The Chief Justice is an ex-officio member of the Court of Appeal but may not hear appeals of his own decisions.

Supreme Court of Gibraltar

The Supreme Court is composed of four judges — the Chief Justice and a further three puisne judges appointed by the

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

. The Court hears

civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...

and

criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...

proceedings, including Family Jurisdiction,

Court of Protection The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decision ...

, Admiralty Jurisdiction and Ordinary ( Chancery) Jurisdiction. The Supreme Court hears appeals from the Magistrates' Court.

Subordinate courts

The lower courts are the Coroner's Court and the

Magistrates' Court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cour ...

— this court hears mainly criminal and family cases. Below the Magistrates' Court, there are also tribunals for

social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...

, tax and

employment Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any othe ...

matters.

New buildings

New courts were opened in September 2012 by the Minister of Justice Gilbert Licudi. The new purpose-built building houses seven courts, one for a coroner, two for magistrates and four courtrooms for the Supreme Court.

References

External links

Gibraltar Courts Service

Organisation of Justice in Gibraltar
(pdf) {{Judiciaries of Europe Gibraltar, Court system of Gibraltar law

Gibraltar ) , anthem = " God Save the King" , song = " Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gib ...

British Overseas Territories courts