BERMUDA JUDICIARY
Photo: Bermuda Judiciary building
The Judicial System of Bermuda consists of the Magistrates' Court, the Supreme Court, the Court of Appeal and the Judicial Committee of the Privy Council in London. The structure of the Judiciary is hierarchical with appeals lying to the Court above. The Magistrates Court is the first tier in the hierarchy, followed by the Supreme Court, the Court of Appeal and finally to the Privy Council. Each Court is governed by its own legislation.
The Supreme Court Registry is responsible for the administration of the Court of Appeal and the Supreme Court. It is established by the Supreme Court Act 1905 and the Rules of Supreme Court 1985. The Registrar is the administrative head of the Judiciary, and its accounting officer.
The Judiciary carries out the responsibilities of the courts.
The Supreme Court oversees:
Serious criminal matters tried by a judge and jury
Civil matters with disputed amounts exceeding $25,000 tried by a single judge
Business matters related to reinsurance, international business and the winding up of companies
Divorce matters
Appeals from the Magistrates’ Court
Appeals from the Court of Appeal
Probate of wills and appointing representatives to administer the estates of deceased persons who did not leave a will
Receiverships to administer assets of persons suffering from mental disability
The Court of Appeal entertains appeals from the Supreme Court.
The Magistrates Court oversees:
civil disputes involving $25,000 or less
preliminary inquiries in indictable cases
summary criminal trials
landlord & tenant disputes
care and protection of children and juvenile delinquency
emergency protective orders in cases involving domestic violence
drug use
traffic violations and
arrest and search warrants
The Supreme Court Registry is responsible for:
In this Section:
The Supreme Court is divided into criminal, civil, commercial, divorce and probate jurisdictions.
Serious criminal offences or indictable offences, are tried in the Supreme Court. The most common examples are serious assault, murder and money laundering.
Most criminal matters start in the Magistrates' Court where the Magistrate will not require a plea and commit the matter to the Supreme Court for trial on indictment. Once the matter has been assigned to the Supreme Court, defendants will be scheduled to appear at an assigned Arraignment Session to enter a plea and receive a hearing date.
By way of Practice Direction issued under Circular 3 of 2017, the Registrar implemented forms which are used to efficiently case manage a trial from start to finish.
Trials are heard in one of the five Supreme Court courtrooms before a single Judge and begins with jury selection. The jury will deliver a verdict after all evidence is heard by counsel appearing for the Prosecution and Defendant(s).
Sentencing occurs after the trial at a date determined by the Registrar.
The Supreme Court probates wills and appoints representatives to administer the estates of deceased persons who did not leave a will.
Matrimonial and Family cases are heard in a courtroom or in the Judge’s Chambers.
Commercial, Business and Civil Cases
Civil and Commercial cases are heard in the Commercial Courts. Civil cases include matters where the dispute exceeds $25,000, establishing receiverships for mental health persons and other family related issues. These matters are often heard in Chambers, in the privacy of the parties and the Judge however, if heard in Court, the matter is open to the public.
Appeals from the Magistrates' Court
To dispute a Judgment or Ruling made in the Magistrates’ Court you must file a Notice of Appeal and a copy, at the Supreme Court Registry within 10 days of the Judgment. After filing at the Registry, you must take the copy of the Notice to the Magistrates’ Court where the Court Record will be prepared and sent to the Supreme Court. Parties will be notified when a date has been scheduled for the appeal to be heard before a single Judge.
If you are unrepresented and have supporting documentation to assist your claim, you can attach the documents to the original Notice of Appeal upon filing at the Registry.
If you have lodged an appeal and no longer wish to pursue it, a Notice of Abandonment of Appeal is filed.
In this section:
The Court of Appeal entertains appeals from the Supreme Court. Any person not satisfied with a decision of the Court of Appeal can appeal to the Judicial Committee of the Privy Council. You do not need a lawyer to file an appeal. You are welcome to file an appeal with the Court of Appeal in person, although you are strongly encouraged to seek legal guidance when drafting your Notice of Appeal and submissions.
How do I lodge an appeal?
If you are not satisfied with part of or the entire the decision of the Supreme Court in a civil, commercial, matrimonial, or Criminal Injuries Compensation matter, you can appeal to the Court of Appeal Civil Division.
You must first determine if your decision is a final decision or not. If it is a final decision, you must file a Notice of Appeal within 6 weeks of the decision.
If the decision is not final, you need permission from the Supreme Court to appeal. You must file a Notice of Motion for Leave to Appeal with an Affidavit and exhibit within 10 days of the decision. The Notice of Motion must have a revenue stamp and the affidavit must have a revenue stamp. The exhibit should be your intended Notice of Appeal with grounds of appeal and have a revenue stamp.
Besides the revenue stamps that are due at the time of filing an appeal, you will be required to pay a hearing fee and a settling the record fee before your appeal is listed. If you require transcripts of the proceedings within the Supreme Court, you will be required to pay a fee per day deposit before the transcripts are prepared. Counsel on the other side of your appeal may require you to pay a Security for Costs. This may be paid into Court, as ordered by the Registrar, and can vary between $5,000 to $100,000.
If you are not satisfied with a conviction or sentence within the Supreme Court in a criminal matter, you may appeal to the Court of Appeal.
You must file a Notice of Appeal Against Conviction within 21 days of the conviction with a revenue stamp.
You must file a Notice of Application for Leave to Appeal against Sentence within 21 days of being sentenced with a revenue stamp.
If you file a Notice of Application for an Extension of Time within which to Appeal, there is a fee.
Besides the revenue stamps that are due at the time of filing an appeal, you will be required to pay a deposit for transcripts depending on how much is required to be transcribed in accordance to the Rules. A deposit of between $500 and $2,500 will have to be paid into Court before the transcripts and record of appeal can be prepared.
How do I lodge an appeal to the Privy Council?
Appeals to the Privy Council are guided by the Appeals Act 1911 and required to be granted leave (permission) from the Court of Appeal for Bermuda and this application must be filed within 21 days of the decision of the Court of Appeal for Bermuda. You may seek leave by filing a Notice of Motion with affidavit and exhibit along with revenue stamps. Your application will be listed in the next available session.
Once you have been granted permission, you must contact the Judicial Committee of the Privy Council or any United Kingdom law firms for any further steps.
The Court of Appeal for Bermuda cannot hear any leave applications that are out of time. Those applications must go directly to the Privy Council.
When does the Court of Appeal sit?
The Court of Appeal sits three times per year. In the absence of the full court, certain administrative and interlocutory matters can be dealt with by a judge of the Supreme Court exercising his powers as a single Justice of Appeal.
In this section:
All cases in Magistrates’ Court are heard by a Magistrate sitting alone, except in the Family Court, where the Magistrate sits with two lay members chosen from a special panel.
The Magistrates’ Court is where Small Claims Court is held. Small Claims Procedures Cases are settled here when the disputed amount is less than $25,000.
Appeals from Magistrates’ Court judgments are heard by the Supreme Court.
The Magistrates’ Court consists of:
The Magistrates’ Court sits as a Traffic Court twice weekly. If you have a parking ticket, you can take it to the Cashier’s Office for payment prior to the court date. If you do not have the physical ticket, you can either visit the Traffic Section or the Court Liaison Unit (CLU).
The Drug Treatment Court (DTC) oversees the rehabilitation of drug users.
There is also a Mental Health Court (MHC) that is currently in the pilot phase. The goal is to increase the likelihood of individuals accessing, engaging and sustaining their treatment programs.
This court is responsible for the collection of child support and spousal maintenance under court orders. An application to the Family Court may concern paternity, maintenance, access, custody or care and control.
If you want to make an original application to the Family Court, you must first have an interview with a Family Court official. You will then be given a hearing date which may take up to one to three months to list the case. A private process server is used at your expense. The summons will state your topic of concern and the court hearing date and time.
Domestic Violence Orders (Protection Orders)
Domestic Violence Orders (DVO’s)/ Protection Orders are served personally on the individual concerned and are given priority. It is important that all applications of this nature are completed in its entirety to ensure that it can be served by the Bailiff.
If you are not represented by a lawyer, you can consult with The Women’s Resource Center for assistance.
Appointment as Justice of the Peace (JP)
The Governor may appoint individuals to be Justices of the Peace in and for Bermuda. This happens occasionally at the Governor’s discretion and a notice is published in the Gazette. The Justices of the Peace have no jurisdiction to try cases, although they can issue certain warrants, and perform other ancillary functions.
For more information on how to become a Justice of the Peace, please refer to Magistrates’ Act 1948.
The Senior Magistrate is also the Senior Coroner. It is the duty of Coroners to investigate sudden or unnatural deaths, as well as deaths occurring in a prison or a hospital, and to hold an inquest where necessary.
When a court has ordered a tenant or other person to vacate a property, and they fail to leave by the date ordered, you can apply to the Court to evict them. You must apply through the Civil Section for an Eviction. In the Supreme Court, you must apply by ex parte summons for permission to issue a Writ of Possession. An Eviction Warrant or Writ of Possession will be enforced by a Bailiff.
For more information on the process of evicting a tenant, please contact the Civil Section of the Magistrates’ Court.
In order for you to be eligible to sign as a Surety you must:
The intended surety’s name must match the documentation provided.
All Bailiff Services are scheduled in the order in which the cases are received, with the exception of expedited Domestic Violence Orders which take top priority. Otherwise, no request for priority of an execution will be considered.
The Bailiffs are responsible for serving court process, for which they charge a fee. They also enforce the judgments of all the courts, and in doing so may seize the goods and property of a judgment debtor and sell it by public auction.
Bailiff Fees for Services range from $20.00 to $30.00 not inclusive of Court Fees.
Serving Summonses and Legal Documents
The Magistrates’ Court serves summonses or legal documents on the parties to the litigation and their witnesses can be done by post, but in most cases it requires personal service.
Money judgments from cases in the Magistrates’ Court can be enforced by execution against the debtor’s property or, in an appropriate case, by committal to prison.
In order to enforce money judgments, Bailiffs may:
The Cashiers’ Office collects payment for the Court for Family Support matters, Civil Court judgments, Parking, Traffic, Criminal Fines as well as Liquor Licences and miscellaneous payments (including legal aid fees, paper copies, and criminal record requests).
Payment can be made in most circumstances by cash, cheque or Credit (Visa and MasterCard) and Debit Card. However, cash is required in full for payments on Committal Warrants and Summary Jurisdiction Apprehension (SJA) Warrants. Credit and Debit Cards are currently not accepted for Family Support Payments.
Payments cannot be made online for Civil, Parking, Traffic, and Criminal matters at this time. However, you can make an electronic payment for Family Support case, provided you know the case number and are a Butterfield Bank online customer.
Licences
To find out how to apply for a liquor or betting licence, you need to visit Bermudalaws.com
Below are a selection of free online websites which can be used to access decisions of the Judiciary of Bermuda.
Persons may also search for decisions using the Commonwealth Legal Information Institute:
The Faculty of Law Library offers access to the Judiciary of Bermuda 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.
Please find below a selection of legislation which refers to the Judiciary of Bermuda:
To recommend a resource, please click the below link and send us an email with your selected material.
To report a broken link, please click the below link and send us an email.
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.
Should you have questions about any of the highlighted resources, kindly contact us (see above tab).