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. Ho ...

, to ensure

equal justice under law Equal justice under law is a phrase engraved on the West Pediment, above the front entrance of the United States Supreme Court building in Washington D.C. It is also a societal ideal that has influenced the American legal system. The phrase wa ...

, and to provide a mechanism for dispute resolution. The legal system of Gibraltar is based on English law 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 omnipres ...

and statute. 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 Cou ...

, a supreme court 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 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 Aug ...

London London is the capital and List of urban areas in the United Kingdom, 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 dow ...

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

European Court of Justice

In relation to matters of

European Community Law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...

, the European Court of Justice is the highest authority.

European Court of Human Rights

Court of Appeal

The next highest court is the Court of Appeal. This court is composed of an odd number of judges not fewer than three. The Chief Justice is an

ex-officio An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...

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 proceedings, including Family Jurisdiction, Court of Protection, 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 Cou ...

— 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 specifical ...

tax A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or n ...

and employment matters.

New buildings

New courts were opened in September 2012 by the Minister of Justice

Gilbert Licudi The Hon. Gilbert Horace Licudi is a Gibraltarian barrister and legal partner at Hassans and former Minister (2011-2020) and former MP (2007-2023) of Gibraltar, member of the Gibraltar Socialist Labour Party (GSLP). He is married and has two c ...

. 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

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British Overseas Territories courts