BARBADOS JUDICIAL SYSTEM
Photo: Supreme Court of Barbados building
The Judicature (as the judicial system is officially known) is established by s. 79C of the Constitution of Barbados. It is comprised of a three-level domestic court structure consisting of:
The Court of Appeal and the High Court are collectively referred to as “the Supreme Court”.
Final appeals are heard by the Caribbean Court of Justice, which replaces the Judicial Committee of the Privy Council in 2005.
Sections 79C and D of the Constitution place the Caribbean Court of Justice at the pinnacle of the Barbados Judicial System. The Court has two 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 Barbados Court of Appeal in civil and criminal matters.
Barbados’ Judicial System is administered by the Chief Justice supported by the "Court Service" of the Registration Department, headed by the Registrar.
The Supreme Court of Judicature Act, Cap. 117A provides for the establishment of a Judicial Council chaired by the Chief Justice. The membership of the Judicial Council comprises the Judges, the Solicitor General, a Magistrate appointed by the Governor General, the Registrar, the President of the Barbados Bar Association and representatives of the Barbados Bar Association and persons drawn from civil society.
The mandate of the Judicial Council includes the formulation of policy in relation to all matters affecting the performance of the courts; keeping under review matters of jurisdiction and procedure and preparation of annual budgets.
The Supreme Court consists of the Court of Appeal and the High Court and exercises such jurisdiction, powers and authority as may be conferred upon those courts respectively by the Constitution or any other law. The Supreme Court is also a superior court of record with all the powers of such a court.
The jurisdiction of the Supreme Court is exercised in accordance with numerous enactments, Rules of Court and Practice Directions.
Some of the main enactments include: the Supreme Court of Judicature Act, Cap. 117 A; the Criminal Appeal Act, Cap. 113A; the Criminal Procedure Act, Cap. 127; the Evidence Act, Cap. 121; the Indictments Act, Cap. 136; the Juries Act, Cap. 115B; the Penal System Reform Act, 1998 (as amended); the Bail Act, Cap. 122A; the Family Law Act, Cap. 214; the Status of Children Reform Act, Cap. 220; the Minors Act, Cap. 215; the Adoption Act, Cap. 212; the Administrative Justice Act, Cap. 109B; the Accident Compensation (Reform) Act, Cap. 193A and the Law Reform (Miscellaneous Provisions) Act, Cap. 205.
Some of the main Rules governing the jurisdiction of the Supreme Court include: the Supreme Court (Civil Procedure) Rules, 2008; the Family Law Rules 1982, (as amended) and the Bail Rules, 2000.
The Court of Appeal was constituted in November 1992. It exercises both criminal and civil jurisdictions and hears appeals from decisions of the High Court and the Magistrate’s Courts. Matters are heard by a ‘Full Court’ comprising three (3) Justices of Appeal, or by a single Justice of Appeal sitting in Chambers.
Civil appeals to the Court of Appeal are governed by Part 62 of the Civil Procedure Rules dealing with appeals from:
Civil appeals are governed by the Civil Procedure Rules. A flowchart outlining relevant appeal steps and procedures can be found here.
Criminal appeals are governed by the Criminal Appeal Act, Cap. 113A, and Practice Direction 1 of 2007. A flowchart outlining relevant appeal steps and procedures can be found here.
Family appeals are governed by the Family Law Act, Cap. 214 and the Family Law Rules, Cap. 214A. A flowchart outlining relevant appeal steps and procedures can be found here.
The High Court is divided into three (3) Divisions, each exercising separate jurisdiction. A Judge of the High Court may sit in any Division.
The Divisions of the High Court are:
1. the Civil Division;
2. the Criminal Division; and
3. the Family Division.
Proceedings in the Civil and Family Divisions are heard before a Judge sitting alone, whereas in the Criminal Division, criminal cases or Indictments, are tried by a Judge sitting with a Jury.
Criminal matters invariably come before the Criminal Division after an accused person has been examined by a Magistrate at a preliminary inquiry and been committed to stand trial in the High Court. Additionally, provided that certain statutory conditions are met, an accused person may elect to bypass the preliminary inquiry stage and have his case committed for trial in the High Court utilizing a procedure known as a ‘Paper Committal’. In either case, following committal by the Magistrate, an Indictment may be issued by the Director of Public Prosecutions and filed with the Registrar of the Supreme Court. The issuance and filing of the Indictment marks the formal commencement of criminal proceedings in the High Court Criminal Division.
Part 60 of the Civil Procedure Rules gives the High Court jurisdiction to hear and determine appeals from decisions of any tribunal or person under any enactment while Part 61 gives jurisdiction to hear an appeal by way of case stated or a reference on a question of law where provision is made under a particular enactment for such appeal or reference.
The Magistrates’ Courts are courts of summary jurisdiction. They exercise original jurisdiction in Criminal, Civil, Domestic, Domestic Violence and Juvenile matters in accordance with the Magistrates Court Act, Cap.116 A. Magistrates also have jurisdiction to hear matters relating to Coroner’s inquests, liquor licences and perform civil marriages.
The jurisdiction of the Magistrates is limited both geographically and according to the value of the subject matter of the dispute. In the exercise of their civil jurisdiction Magistrates can hear and determine any action founded in contract or tort where the debt, demand or claim does not exceed Bds $10,000.00. However, by virtue of section 45 (2) of the Severance Payments Act, Cap. 355 A, Magistrates have unlimited original jurisdiction in civil wrongful dismissal actions.
Below are a selection of free online websites which can be used to access decisions of the Barbados Judicature.
Persons may also search for decisions using the Commonwealth Legal Information Institute:
The Faculty of Law Library offers access to the Barbados Judicature decisions from various databases:
The Faculty of Law Library houses unreported judgments for all Commonwealth Caribbean jurisdiction dating back from early 1950s. To access these printed unreported judgments, persons are invited to visit the Library during opening hours to make a request.
The Library also has a collection of reported judgments, which are held in official law reports and elsewhere.
Links to legislation found on this page. Please note that the legislation are those found in the Revised Laws of Barbados (last updated 2008). Amendments to the below-listed laws can be found in the Law Library.
The jurisdiction of the Supreme Court is exercised in accordance with numerous enactments. Some of the main enactments include:
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Please note that the contents of this guide are provided strictly for individual, non-commercial, academic/educational, reference and/or research use and do not constitute legal advice. This guide does not substitute an individual's right to do their own research. Persons seeking legal advice should consult a practising attorney-at-law in their jurisdiction.
The information of this guide was compiled using open sources such as official websites and other resources.
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