Trinidad and Tobago 1976 Constitution (reviewed 2007)

CHAPTER 7. THE JUDICATURE

PART 1. The Supreme Court

99. Establishment of Supreme Court

There shall be a Supreme Court of Judicature for Trinidad and Tobago consisting of a High Court of Justice (hereinafter referred to as “the High Court”) and a Court of Appeal with such jurisdiction and powers as are conferred on those Courts respectively by this Constitution or any other law.

100. Constitution of High Court

1. The Judges of the High Court shall be the Chief Justice who shall be ex officio a Judge of that Court, and such number of Puisne Judges as may be prescribed.
2. The High Court shall be a superior court of record and save as otherwise provided by Parliament, shall have all the powers of such a court, including all such powers as are vested in the Supreme Court of Trinidad and Tobago immediately before the commencement of this Constitution.

The Court of Appeal

101. Constitution of Court of Appeal

1. The Judges of the Court of Appeal shall be the Chief Justice who shall be the President of the Court of Appeal and such number of Justices of Appeal as may be prescribed.
2. The Court of Appeal shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

102. Appointment of Chief Justice

The Chief Justice shall be appointed by the President after consultation with the Prime Minister and the Leader of the Opposition.

103. Acting appointments as Chief Justice

Where the office of Chief Justice is vacant or where the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of such office or until the Chief Justice has resumed those functions, as the case may be, those functions shall be performed by such other of the Judges as may be appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition.

Appointment of Judges

104. Appointment of Justices of Appeal and Puisne Judges

1. The Judges, other than the Chief Justice, shall be appointed by the President, acting in accordance with the advice of the Judicial and Legal Service Commission.
2. Where—
   1. the office of any such Judge is vacant;
   2. any such Judge is for any reason unable to perform the functions of his office;
   3. any such Judge is acting as Chief Justice or a Puisne Judge is acting as a Justice of Appeal; or
   4. the Chief Justice advises the President that the state of business of the Court of Appeal or the High Court so requires,

   the President acting in accordance with the advice of the Judicial and Legal Service Commission—

   1. may appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may require;
   2. may, notwithstanding section 136, appoint a person who has held office as a Judge and who has attained the age of 65 to be temporarily a Puisne Judge for fixed periods of not more than two years.
3. The appointment of any person under subsection (2) to act in the office of Justice of Appeal or Puisne Judge shall continue to have effect until it is revoked by the President, acting in accordance with the advice of the Judicial and Legal Service Commission.

105. Qualification of Judges

A person shall not be appointed as a Judge or to act as a Judge unless he has such qualifications for appointment as may be prescribed.

106. Tenure of office

1. Subject to section 104(3) a Judge shall hold office in accordance with sections 136 and 137.
2. No office of Judge shall be abolished while there is a substantive holder of that office.

107. Oaths to be taken by Judges

A Judge shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the oath for the due execution of his office set out in the First Schedule.

108. Appeals on Constitutional questions and fundamental rights, etc

An appeal to the Court of Appeal shall be as of right from decisions of the High Court in the following, among other cases, that is to say—

1. any order or decision in any civil or criminal proceedings on questions as to the interpretation of this Constitution;
2. any order or decision given in exercise of the jurisdiction conferred on the High Court by section 14 (which relates to redress for contravention of the provisions for the protection of fundamental rights);
3. any order or decision given in the determination of any of the questions for the determination of which a right of access to the High Court is guaranteed by sections 4(a) and 5(1);
4. any order or decision of the High Court granting or refusing leave to institute proceedings for the determination of any question referred to it under section 52 or determining any such question (which relates to the appointment, qualification, election or membership of a Senator or a member of the House of Representatives, as the case may be);
5. any order or decision of a Court in the exercise of its jurisdiction to punish for contempt of court, including criminal contempt.

PART 2. Appeals to the Judicial Committee

109. Appeals from Court of Appeal to the Judicial Committee

1. An appeal shall lie from decisions of the Court of Appeal to the Judicial Committee as of right in the following cases—
   1. final decisions in civil proceedings where the matter in dispute on the appeal to the Judicial Committee is of the value of fifteen hundred dollars or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the value of fifteen hundred dollars or upwards;
   2. final decisions in proceedings for dissolution or nullity of marriage;
   3. final decisions in any civil, criminal or other proceedings which involve a question as to the interpretation of this Constitution; and
   4. except in cases falling under section 108(d), any case referred to in that section;
   5. final decisions in disciplinary matters under section 81(3) to (5) of the Supreme Court of Judicature Act, 1962 and under the Solicitors Ordinance;
   6. such other cases as may be prescribed.
2. An appeal shall lie from decisions of the Court of Appeal to the Judicial Committee with the leave of the Court of Appeal in the following cases—
   1. decisions in any civil proceedings; where in the opinion of the Court of Appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to the Judicial Committee; and
   2. such other cases as may be prescribed.
3. An appeal shall lie to the Judicial Committee with the special leave of the Judicial Committee from decisions of the Court of Appeal in any civil or criminal matter in any case in which, immediately before the date on which Trinidad and Tobago became a Republic, an appeal could have been brought with the special leave of Her Majesty to Her Majesty in Council from such decisions.
4. Subsections (1), (2) and (3) are subject to the provisions of sections 32(2) and 52(4).
5. Subject to this section, provision may be made by or under any Act regulating the procedure to be adopted by the Court of Appeal with respect to any appeal to the Judicial Committee under this section or by parties to any such appeal.
6. Any decision given by the Judicial Committee in any appeal under this section shall be enforced in like manner as if it were a decision of the Court of Appeal.
7. Subject to subsection (6) the Judicial Committee shall, in relation to any appeal to it under this section in any case, have all the jurisdiction and powers possessed in relation to that case by the Court of Appeal.

PART 3. Judicial and Legal Service Commission

110. Judicial and Legal Service Commission

1. There shall be a Judicial and Legal Service Commission for Trinidad and Tobago.
2. The members of the Judicial and Legal Service Commission shall be—
   1. the Chief Justice, who shall be Chairman;
   2. the Chairman of the Public Service Commission;
   3. such other members (hereinafter called “the appointed members”) as may be appointed in accordance with subsection (3).
3. The appointed members shall be appointed by the President after consultation with the Prime Minister and the Leader of the Opposition as follows:—
   1. one, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeal from any such court;
   2. two from among persons with legal qualifications at least one of whom is not in active practice as such, after the President has consulted with such organisations, if any, as he thinks fit.
4. Subject to section 126(3)(a) an appointed member shall hold office in accordance with section 136.

111. Appointment of Judicial officers, etc

1. Subject to the provisions of this section, power to appoint persons to hold or act in the offices to which this section applies, including power to make appointments on promotion and transfer and to confirm appointments, and to remove and exercise disciplinary control over persons holding or acting in such offices shall vest in the Judicial and Legal Service Commission.
2. Before the Judicial and Legal Service Commission makes any appointment to the offices of Solicitor General, Chief Parliamentary Counsel, Director of Public Prosecutions, Registrar General or Chief State Solicitor it shall consult with the Prime Minister.
3. A person shall not be appointed to any such office if the Prime Minister signifies to the Judicial and Legal Service Commission his objection to the appointment of that person to that office.
4. This section applies to such public offices as may be prescribed, for appointment to which persons are required to possess legal qualifications.