The Republic of Trinidad and Tobago is located at the southernmost tip of the Caribbean. The nation includes 21 small islands and two main islands, Trinidad and Tobago. Trinidad is the more populous of the two and home to the country’s oil and gas sector; Tobago is one third Trinidad’s size, with rainforests, white sand coastline, and coral reefs. Before the arrival of European colonists, the nation was inhabited by indigenous Arawakan and Cariban-speaking peoples. When the Spanish settled in the early 16th century, they enslaved much of the indigenous population to work on tobacco and cocoa plantations. During the late 18th century French planters imported enslaved Africans and established a plantation economy on the island of Trinidad. The British invaded in 1796, seized the island from Spain, and assumed formal control in 1802. Tobago experienced a tumultuous colonial history, with twenty-two transfers of power among European powers, including the Spanish, Dutch, and French. In 1814, the British assumed full control of Tobago. Trinidad and Tobago were joined as a single colony in 1889.
When slavery was abolished in 1838, the British encouraged immigration and also used indentured servants from the Indian subcontinent. By the late 19th century, Trinidad and Tobago’s population included immigrants from China, the Middle East, South Asia, and the United Kingdom, eventually making the country one of the most heterogenous in the region. After World War I, anti-colonial sentiment spread. The economic hardships of the 1930’s and persistent British exploitation of workers radicalized the labor movement, leading to strikes and political activism. The British implemented political reforms, including universal suffrage, and expanded self-governance. As the middle class and political engagement grew, so did demands for independence. Trinidad and Tobago achieved full independence from Britain in 1962 and became a republic in 1976, adopting a new constitution and electing its own head of state. During the 1980’s, the economy developed, with large investments in petrochemicals, natural gas, agriculture, and the tourism sector. Trinidad and Tobago is known for its contributions to music and culture; it is the birthplace of calypso, Soca music, and the steelpan drum.
Sources of Law
Trinidad and Tobago follows the common law tradition, inherited from the British. The primary sources of law are the constitution, legislation, and case law developed by the courts.
The Courts
The judiciary of Trinidad and Tobago includes the Magistrates’ Courts, the High Court, and the Court of Appeal. The Judicial Committee of the Privy Council in the United Kingdom is the nation’s apex court.
Magistrates’ Courts
Magistrates’ Courts have original jurisdiction over summary criminal matters and small civil claims. They include special divisions for Family Court and Traffic Court. Cases are heard by magistrates. The Chief Magistrate oversees the administration of the Magistracy.
The Supreme Court of Judicature
The Supreme Court of Judicature is composed of the High Court and Court of Appeal.
The High Court
The High Court is a court of first instance with original jurisdiction over indictable criminal matters, civil disputes with a value exceeding $50,000, and cases involving constitutional rights and administrative law. There are three main divisions of the High Court: Civil, Criminal, and Family and Children, with courthouses in Port of Spain, San Fernando, and Tobago. The Court has 44 judges referred to as puisne judges, following the British tradition.
The Court of Appeal
The Court of Appeal sits in Port of Spain and has 16 members, including the Chief Justice. Cases are typically heard by a panel of at least three justices. The Court hears civil and criminal appeals from decisions the Magistrates’ Courts and the High Court and has jurisdiction to review interlocutory decisions from the High Court. Some matters originating in the Magistrates’ Courts require leave of the Court of Appeal before review is granted.
The Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is the apex court for Trinidad and Tobago. Located in London, the Privy Council reviews rulings from the Court of Appeal. Leave to appeal is required for criminal cases. There is an appeal of right for high value final civil judgments and cases involving divorce, constitutional interpretation, and attorney discipline. The Court of Appeal may grant leave to appeal to the Privy Council for other civil cases it deems of particular importance. The third route to the Privy Council is with leave of the Council’s Judicial Committee; this is reserved for a narrow category of cases. Members of the Privy Council include Supreme Court Justices from the United Kingdom, as well as senior judges from other Commonwealth countries. Most cases are heard by a panel of 5 judges; more complex appeals may be heard by a larger panel.
Caribbean Court of Justice
Although the Caribbean Court of Justice (CCJ) is headquartered in Port of Spain, Trinidad and Tobago has chosen to retain the Judicial Committee of the Privy Council in London as its apex court. While the Bahamas, Jamaica, and Grenada also continue to use the Privy Council, five other Caribbean countries (Barbados, Belize, Dominica, Guyana, and St. Lucia) now send their appeals to the Caribbean Court of Justice.
Trinidad and Tobago does, however, recognize CCJ original jurisdiction over cases involving the Caribbean Community pursuant to the Revised Treaty of Chaguaramas; this includes disputes related to regional integration and the CARICOM Single Market and Economy.
Judicial Appointment and Tenure
Magistrates are appointed by the Judicial and Legal Service Commission. To qualify for appointment, candidates must be attorneys with a minimum of five-years’ legal experience.
Judges of the Supreme Court of Judicature are appointed by the President on the advice of the Commission. Candidates for the High Court must have ten years of legal experience, and those for the Court of Appeal are required to have 15 years of legal experience.
The Chief Justice, who serves as both the head of the judiciary and the President of the Court of Appeal, is appointed by the President after consultation with the Prime Minister and the Leader of the Opposition.
All judges and magistrates have a mandatory retirement age of 65.
Judicial Conduct and Discipline
Trinidad and Tobago adopted the Bangalore Principles of Judicial Conduct as its Code of Judicial Conduct. Allegations of judicial misconduct can be filed with a court’s executive officer or chief magistrate. Complaints are forwarded to the Judicial and Legal Services Commission for investigation. If the Commission finds the complaint credible, the judge against whom the complaint was filed may be interviewed or required to submit a written response and an investigation will ensue. The Commission has authority to impose a range of sanctions, from a reprimand to removal.
The Chief Justice oversees the conduct and discipline process for the judiciary, including consultation with the Ethics Committee, the entity tasked with providing guidance on questions involving judicial conduct. Allegations of serious misconduct by a member of the Supreme Court, including the Chief Justice, must be reported to the Prime Minister who brings the charges to the attention of the President. If charges are filed, a special tribunal of senior judges and judiciary officials will be convened to investigate.
Judicial Administration
The Court Executive Administrator, a non-judicial official, oversees day-to-day operations of Trinidad and Tobago’s court system, including the budget, court administrative personnel, infrastructure needs, and case management systems. Each level of the court is supported by specialized administrative units, such as the Court Protocol and Information Unit and the Court Reporting Services Division.
Over the past decade the judiciary has implemented reforms in court digitization, alternative dispute resolution, and judicial performance management. Significant investment has been made in the judiciary’s electrical filing systems and the expansion of virtual hearings.
Specialized Courts
Trinidad and Tobago’s court system has a number of specialized courts. The Industrial Court adjudicates disputes arising from employment and industrial relations. The Industrial Court has its own procedures and rules of evidence, and its judges often have a background in both law and industry. The Family Court hears cases involving custody, maintenance, domestic violence, and divorce. It operates with a multidisciplinary approach, often involving social workers and counselors in the resolution process. In 2018, Trinidad and Tobago established a Children’s Court, the first of its kind in the Caribbean, to handle criminal and care proceedings involving minors. Children’s Courts prioritize the best interest of the child and employ restorative justice practices that focus on, rehabilitation. Other special tribunals in the country include the Tax Appeal Board and the Environmental Commission.
